Plyler v. Southern Railway Co.

There was evidence for the plaintiff tending to show that the engineer did not give the usual signals as the train approached the crossing, and the plaintiff insisted that this evidence while primarily relevant to tbe first issue should be considered in connection witb tbe second issue as explanatory of tbe plaintiff’s conduct in attempting to cross tbe track. In accordance witb tbis contention tbe plaintiff offered to testify that he would not have gone on the crossing if tbe signals bad been given. We think bis Honor properly excluded tbe proposed evidence. Contributory negligence is such…