Box v. South Georgia Railway Company

Guardian Mary Lee Box (plaintiff) filed a wrongful-death action on behalf of decedent Josie Ellis’s four minor children. One day Josie Ellis, who was deaf, was struck and killed by a train owned by South Georgia Railway Company (South Georgia) (defendant) as she walked along the train track with the train approaching. The crew blew the train’s whistle, and a brakeman later testified that Ellis looked back and continued walking on the tracks. Then the brakemen yelled to Ellis, but she did not move. Despite application of the train’s brakes, the train struck Ellis and killed her instantly. Ellis did not attempt to step off the tracks. Despite the brakeman’s testimony that Ellis looked back, she never saw the train coming and could not hear the train’s whistle or the shouting from the crew due to her physical disability, unbeknownst to the train’s crew. The record indicated that the train was traveling at a reasonable speed and gave appropriate warnings, and that the crew was properly observing the upcoming crossing area where Ellis was struck. When the crew realized that Ellis would not move, they acted immediately, but it was too late. Box’s first suit ended in a mistrial. At the second trial, the jury considered issues such as negligence and contributory negligence. South Georgia moved for a directed verdict, which was denied. The jury rendered a verdict for Box, and South Georgia moved for judgment notwithstanding the jury’s verdict (n.o.v.) and for a new trial, which were also denied. South Georgia appealed.