No. 399.

297 U.S. 398 (1936)


Supreme Court of United States.

Decided March 2, 1936.

Attorney(s) appearing for the Case

Messrs. G.E. Maddox, H. O'B. Cooper, Sidney S. Alderman, and S.R. Prince submitted for petitioner.

Messrs. Reuben R. Arnold and B.P. Gambrell submitted for respondent.

MR. JUSTICE McREYNOLDS delivered the opinion of the court.

Respondent's intestate, J.M. Cox, driver of the engine on petitioner's fast train from Birmingham to Atlanta, lost his life when it overturned. As the train moved forty miles per hour over a six degree curve to the left, something, apparently a stone, turned the wheels of the front truck to the right and off the rails. After bumping over the cross ties for seven-tenths of a mile they struck a switch and the...

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