Johnston v. Southern Railway Co.

Plaintiff and his wife, while riding in an automobile, were struck by a moving engine belonging to defendant.

Plaintiff instituted this suit to recover damages for the injuries received by him.

To the declaration filed a plea of not guilty was interposed.

After said plea was filed plaintiff instituted a second suit for loss of his wife’s services resulting from the same accident.

To the declaration defendant likewise filed a plea of not guilty.

The latter case was tried first, and resulted in a judgment in favor of plaintiff for $200, which was paid by defendant.

Thereupon, by leave of the court,…