Lambeth v. GULF, MOBILE AND OHIO RAILROAD COMPANY

SIMPSON, Justice.

Action by appellant for damages to person and property when he drove his automobile into a flatcar of appellee as its train of cars was proceeding slowly on its track across a public crossing in Mobile, Alabama.

After the appellant introduced his evidence seeking to prove negligence of the appellee, he rested his case, and the appellee, without introducing any evidence, moved the court to exclude the evidence. The court thereupon granted the motion and directed a verdict for the defendant. Judgment was rendered accordingly and the plaintiff brings this appeal.

While the…