Powell v. Smith

This was a suit brought by Mrs. Dewitt T. Smith against L. E. Powell Jr. and Henry W. Anderson, as receivers of the Seaboard Air Line Eailway Company. She alleged in her petition that in 1942 her husband, Dewitt T. Smith, while attempting to drive a pick-up truck across the railroad tracks at a private crossing, was struck and killed by a train operated by the defendants; that said private crossing was on a “private road or way that had been in constant and uninterrupted use by the people in its neighborhood, as a private road, for more than twenty years; that it had been so recognized by the…