Model City Lumber Co. v. Southern Ry. Co.

CARR, Judge.

The plaintiff, for the use and benefit of the Employers Insurance Company of Alabama, sued the Southern Railway Company for damages to an automobile truck. It is not disputed in the evidence that the truck stalled on the railroad track and while thus positioned was struck by a moving freight engine.

The case was submitted to the jury on Counts D and E. The former is based on alleged defective conditions at the crossing. The later is counted on the claimed negligent operation of the train. This latter count was broad enough to include the doctrine of subsequent negligence or…