Atlantic Coast Line R. Co. v. Jackson

FOSTER,- J.

This ease was tried upon subsequent negligence counts — a somewhat different theory than that of the first trial. 221 Ala. 646, 130 So. 388.

If we concede the contention of appellant that as some of such counts do not affirm that knowledge of the peril of plaintiff’s truck was had by defendant’s servants in the operation of its train, and that knowledge of the mere fact that the truck was stopped upon the track does not as a matter of law charge knowledge of the fact that the person in its charge was either not able or willing to extricate it (Northern Ala. R. Co. v. Elliott, 219…