Southern Railway Co. v. Biscoe Supply Co.

LEWIS, Judge.

Plaintiff commenced this action to recover damages arising out of a railroad crossing accident between its train and defendant Biscoe Supply Company, Inc.’s (hereinafter “defendant”) cement truck. The trial court directed a verdict for plaintiff on the issues of whether defendant was negligent and whether that negligence proximately caused the accident. The jury found that plaintiff was not contributorily negligent and awarded damages of $260,819.26 to plaintiff. Defendant’s claims against the Department of Transportation were dismissed by the trial court, from which there was no…