Savannah, Florida & Western Railway Co. v. Day

Lumpkin, Justice.

The court is unanimous as to the rulings made in the first three head-notes, and we all agree that the evidence was sufficient to show that the defendant was negligent. We differ as to whether or not the evidence warranted the jury in finding, as they did, that the plaintiff’s husband was not guilty of contributory negligence. A majority of the court is satisfied with the verdict in this respect, but the writer is not. I will endeavor to state the views of the entire court so far as we agree, and also to state the views of my brethren and of myself upon the question at issue…