Harvey v. Southern Railway Co.

Mrs. Sue Davis Harvey brought this action against Southern Railway Company to recover for the death of her husband, Ralph Harvey, who was struck and killed by one of defendant’s trains on May 5, 1962. The declaration charges in separate counts a violation of T.C.A. sec. 65-1208, subsection (4), and common law negligence.

At the conclusion of plaintiff’s proof in chief, the Court sustained defendant’s motion for a directed verdict based upon an alleged fatal variance between the statement in the declaration that the deceased was walking on defendant’s tracks when struck and the proof offered by…