Atlantic Coast Line R. v. McKinley

HUTCHESON, Circuit Judge.

The suit was for damages for the negligent killing of appellee’s husband in a grade crossing collision between an automobile 'and a fast passenger train. The collision occurred about 15 miles north of Jacksonville, Fla., on United States Highway No. 1, the Dixie Highway, the main traffic thoroughfare leading north. The defense was that not any negligence of the defendant, but the careless and reckless conduct of the driver of the automobile, deceased’s agent and representative, was the sole proximate cause of the collision.

The evidence in, defendant’s motion for a…