Southern Railway Co. v. Cradic

Referring to the parties as they appeared in the trial court, the plaintiff, Neal Cradic, sued the defendant Railroad for damages for personal injuries sustained when he fell from a trestle located on the defendant’s line between the town of Church Hill and the community of New Canton, in Hawkins County. The accident occurred about 9 a.m. on January 2, 1955, while plaintiff was walking across the single track trestle which was described as being 200 feet long and 35 feet high.

Plaintiff’s declaration contained three counts, alleging (1) common law negligence, (2) failure to observe the…