Alabama Great Southern Railroad Co. v. Johnston

MERRILL, Justice.

This is an appeal by defendant from a judgment on a verdict of $75,000.00 and from a judgment overruling defendant’s motion for a new trial. The action was for the alleged wrongful death of plaintiff’s intestate as a result of his driving an auto mobile into a moving train on a public crossing.

Defendant’s demurrer to Counts Six and Seven was sustained but overruled as to Counts One, Two, Three, Four and Five. Plaintiff struck Count Two. The defendant pleaded in short by consent the general issue and contributory negligence to Counts One and Three, and the general issue to…