Rape v. Tennessee, Alabama & Georgia Railway

Plaintiff’s petition alleged that he was a guest in an automobile, and that he sustained an injury by reason of its running into a stationary eoal ear, painted black, not over three feet high, negligently left standing on a public crossing for an unreasonable length of time, without any safeguard being taken to protect persons using the public highway. It is alleged that the car was left standing in a cut at the foot of a sharp descent or decline in the public highway, with a high embankment on either side of the railroad-track; that the ear was being driven at about 7 o’clock at night, and…