Atlantic Coast Line R. Co. v. Kelly
Alabama Court of Appeals
Appeal from Circuit Court, Coffee County; W. W. Pearson, Judge. Action by Lawrence Kelly against the Atlantic Coast Line Railroad Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBricken, J.
This case was tried on counts 2 and 5 of the complaint and defendant’s plea of not guilty. In each of these counts damages are claimed for injury to the plaintiff’s automobile, which it is alleged was being driven by him along a public road at a point where the defendant maintained an overhead crossing by means of upright posts or piling, which it is alleged wholly or in part obstructed the roadway, rendering it unsafe for the passage of vehicles. In each of the counts it is alleged that:
The “roadway was established as a public road in a regular proceeding for that purpose, or had been…
2Cases cited45 opinions
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
40 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clark v. StateAlabama Court of Appeals · 1932
- Birmingham Waterworks Co. v. EdwardsAlabama Court of Appeals · 1918
- Gilbert v. LybrandAlabama Court of Appeals · 1920
- Griffin v. StateAlabama Court of Appeals · 1931
- Stewart v. SmithAlabama Court of Appeals · 1918