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SOUTHERN RY. CO. v. ASHBY

No. 5257.

36 F.2d 352 (1929)

SOUTHERN RY. CO. v. ASHBY.

Circuit Court of Appeals, Sixth Circuit.

December 9, 1929.

Attorney(s) appearing for the Case

Charles H. Smith, of Knoxville, Tenn. (H. O'B. Cooper, of Washington, D. C., and J. A. Susong, of Greenville, Tenn., on the brief), for appellant.

R. R. Kramer, of Maryville, Tenn. (D. S. Kramer and J. E. Cassady, both of Maryville, Tenn., on the brief), for appellee.

Before DENISON and HICKENLOOPER, Circuit Judges, and SIMONS, District Judge.

PER CURIAM.

While the automobile in which Cox was riding was in the act of crossing a railroad at a highway crossing, it was struck by a railroad train, and Cox was killed. For his death, his widow recovered the judgment in this case.

The train was rounding a curve, swinging to the left. The automobile was approaching the crossing and entered upon the track from that side. The engineer, who was maintaining his lookout, could not see the automobile because...

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