Atlantic Coastline Railroad v. Smith

ALLEN, Chief Judge.

This appeal arises out of an action brought by plaintiffs1 against defendants Atlantic Coastline Railroad Company and Louisville and Nashville Railroad Company which jointly manage the Clinchfield Railroad Company, an interstate carrier operating in Tennessee. On July 6, 1957, in Sullivan County, Tennessee, plaintiffs sustained an automobile accident at the approach to an overhead railroad bridge constructed and maintained by defendants.

The case was tried to a jury, which returned a verdict for plaintiffs, finding them guilty of remote contributory negligence but awarding…