Howard v. Payne, Director General

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action for damages on account of injury to person and property in a collision between a train and the automobile of the plaintiff at a highway crossing.

From a judgment in favor of the plaintiff; the defendants appeal.

The only assigned error which we shall consider is that claimed to have occurred in the charge of the presiding Judge in'reference to the contributory negligence of the plaintiff.

The defendant, as a part of the proposed “case com taining exceptions,” submitted a transcript of the Judge’s charge as taken down by the…