Heaton v. Southern Ry. Co.

WYCHE, Chief Judge.

On August 15, 1952, a tractor-trailer operated for Malone Freight Lines of Birmingham, Alabama, driven by its agent and servant John H. Heaton, collided with a train of the Southern Railway Company at a grade crossing at Gantt, South Carolina. The trailer was demolished in the collision; the locomotive was badly damaged.

On September 30, 1952, an action was commenced in the Alabama State Court by John H. Heaton, a resident of Alabama, against the Southern Railway Company in which he seeks damages for injuries and property damages alleged to have been sustained by him as a…