Atlantic Coast Line R. Co. v. Johnson

On Rehearing

What was the negligence in this case which was directly responsible for the injury to the appellee (plaintiff below)? It is alleged in the declaration that the appellant (defendant below) "carelessly and negligently propelled and ran said train against and upon the plaintiff". It developed in the first instance upon the trial of this case that there was a rule of the appellant railroad company denominated Rule 26 and commonly known as the Blue Flag Rule. The non-observance of this rule was the real cause of the accident which visited the injuries upon the appellee. The allegation…