LIVINGSTON, Chief Justice.
The appeal is from a judgment of the Jefferson Circuit Court in favor of the plaintiff for $5,000, and against the Southern Railway Company and John W. Kiser, the engineer operating the train of said company.
On June 29, 1954, the plaintiff, Hughes, was operating his 1940 three-quarter ton Ford pickup truck on River Road in Colbert County, Alabama, at a point where a railroad spur track going into the electrometallurgical plant crosses...
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