McCutcheon v. Seaboard Air Line Railroad

HENDRY, Judge.

This is an appeal by plaintiff below from a summary judgment entered in favor of Seaboard Air Line Railroad Company and James B. Mayes, Conductor, defendants in the court below.

The plaintiff filed an action for damages for personal injuries against the defendants, alleging in his complaint that the defendant railroad, acting through the defendant, Mayes, its freight yard conductor, negligently and carelessly caused the railroad’s freight train to be operated so as to come in contact with the plaintiff, causing him severe and permanent injuries.

The defendants answered denying…