Nashville, Chattanooga & St. Louis Railway v. Ragan
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hou. W. W. Haralson. Action by G. L. Ragan against the Nashville, Chattanooga & St. Lonis Railway for damages to a well-drilling outfit resulting from a defective crossing. Judgment for plaintiff and defendant appeals.
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Appeal from Marshall Circuit Court. Heard before Hou. W. W. Haralson. Action by G. L. Ragan against the Nashville, Chattanooga & St. Lonis Railway for damages to a well-drilling outfit resulting from a defective crossing. Judgment for plaintiff and defendant appeals. The allegation of the complaint is that the crossing was unsafe, and that plaintiff was in charge of a well-drilling outfit, attached to a traction engine, and that in making the crossing the outfit was damaged, and that plaintiff was injured by being jammed by the same, and that it was all caused by a projecting rail. The…
1Opinion of the CourtAnderson, J.
If a railroad constructs its road across a public road or highway, the duty devolves upon it to put and keep the approaches and crossing in proper repair for the use of the traveling public. — So. R. R. Co. v. Morris, 143 Ala. 628, 42 South. 17; So. R. R. v. Posey, 124 Ala. 486, 26 South. 914; Patterson v. S. & N. A. R. R., 89 Ala. 318, 7 South. 437. And the traveling-public have the right to assume that it will discharge this duty, and cannot be said to be guilty of contributory negligence in crossing the track, without first stopping and examining the condition of said crossing. Of course,…
2Cases cited7 opinions
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
- Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Gulf, M. N. R. Co. v. HavardSupreme Court of Alabama · 1928
- Gulf, M. N. R. Co. v. PistoleSupreme Court of Alabama · 1928
- Adams v. CrimmSupreme Court of Alabama · 1912
4 more not listed; retrieve them via the Exa API.