Southern Railway Co. v. Johnson

Felton, Chief Judge.

The court did not err in overruling the general- demurrers- to the petition, in overruling the general grounds of the motion for a new trial, and in denying the motion for a judgment notwithstanding the verdict. Under- the allegations of the petition and the evidence, the jury was authorized to find that, if the agent of the railroad motioned the plaintiff to cross the tracks, he was not absolutely barred from recovery by what they might have found was contributory negligence on plaintiff’s part in not looking out for the rolling car rather than relying solely on the…