Hurt v. Southern Ry. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Talladega County; A. B. Poster, Judge. / Action by W. P. Hurt against the Southern Railway Company. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Talladega County; A. B. Poster, Judge. / Action by W. P. Hurt against the Southern Railway Company. Judgment for defendant, and plaintiff appeals. The following pleas are directed to be set out: (2) Said plaintiff was guilty of contributory negligence which proximately contributed to his injury, in this, that said plaintiff before driving-upon or attempting to cross said railroad track of defendant company failed to stop, look, and listen for any trains which might be approaching said crossing, and, if said plaintiff had so stopped, looked, and listened before…
1DissentBrown, J.
The defendant’s second plea avers that—
“Said plaintiff was guilty of contributory negligence, which proximately contributed to his injury, in this, that said plaintiff before driving upon or attempting to cross said railroad track of defendant company failed to stop, look, and listen for any train which might be approaching said crossing, and if said plaintiff had so stopped, looked, and listened before attempting to cross said crossing that he would not have been injured.”
AVhile this plea does not show except by implication that the plaintiff, if he had stopped, looked, and listened, would…
2Cases cited6 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Central of Georgia Ry. Co. v. HyattSupreme Court of Alabama · 1907
- Schmidt v. Mobile Light R. Co.Supreme Court of Alabama · 1920
- Hines v. ChampionSupreme Court of Alabama · 1920
- Central of Georgia Ry. Co. v. FaustAlabama Court of Appeals · 1919
1 more not listed; retrieve them via the Exa API.