Thompson v. United States Sugar Corp.

GARRETT, Judge.

Appellants appeal the jury verdict finding no negligence on the part of appellee. We affirm.

Fortunately, Mr. Thompson survived the accident. He was able to testify at trial that the warning lights at the crossing were not working at the time of the collision between his truck and the appellee’s train.

Mr. and Mrs. Keesee’s testimony as to what they observed at the crossing some three weeks after the accident was cumulative to Mr. Thompson’s testimony. Admission of their testimony was subject to the sound discretion of the trial judge. We find its exclusion was not an abuse of…