Payne v. Roy
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwynn, Judge. Action by Sam L. Roy against John Barton Payne, as Director General of Railroads, operating the Alabama Great Southern Railway for damages for the destruction of an automobile. Judgment for the plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwynn, Judge. Action by Sam L. Roy against John Barton Payne, as Director General of Railroads, operating the Alabama Great Southern Railway for damages for the destruction of an automobile. Judgment for the plaintiff, and the defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. Counts 1 and 2 are simple negligence and allege the destruction of plaintiff’s automobile by its being struck by a train at the intersection of a public highway, to wit, Nineteenth street in the city of Bessemer. Count 3 is for…
1Opinion of the CourtAnderson, C. J.
[1, 2] In proving i-the frequency of travel along a highway over a railroad crossing, for the purpose of establishing wantonness on the part of trainmen, the frequency of the travel should, of course, correspond with the time of the injury, as proof of travel at one hour of the day would not necessarily show a populous crossing some other hour, or proof of a populous crossing throughout the day would not establish such a crossing at night. But we do not think that the trial court erred in permitting the witness Nabors, to testify:
“At that time of morning there are a good many that cross there…
2Cases cited19 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Campbell v. StateSupreme Court of Alabama · 1853
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Weatherford v. StateCourt of Criminal Appeals of Alabama · 1979
- Alabama Power Co. v. EdwardsSupreme Court of Alabama · 1929
- Cooper v. Town of Valley HeadSupreme Court of Alabama · 1924
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Bracewell v. StateCourt of Criminal Appeals of Alabama · 1986
6 more not listed; retrieve them via the Exa API.