Louisville & Nashville Railroad v. Turner
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Edna Turner against the Louisville & Nashville Railroad Company, for damages for personal injuries received at a crossing. Judgment for plaintiff and defendant appeals. Transferred from the Court of Appeals under the act creating said court.
1Opinion of the CourtSomerville, J.
The plaintiff, a woman 63 years of age, and sound of mind and body, so far as appears, was struck by the defendant’s regular train while she Avas attempting to cross its main track at Third avenue in Bessemer, in the early forenoon.
*393There was evidence tending to show that the engine-man did not ring the hell nor blow the whistle as the train approached and passed the crossing, as charged in the fourth count of the complaint. The decisive question on this appeal is whether or not plaintiff was guilty of contributory negligence, as a matter of law, in going upon the track as the evidence shows…
2Cases cited3 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
3Cited by22 opinions
- Gulf, M. O. R. Co. v. SimsSupreme Court of Alabama · 1953
- Mobile Light R. Co. v. GadikSupreme Court of Alabama · 1924
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1933
- Southern Ry. Co. v. RandleSupreme Court of Alabama · 1930
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