Louisville N. R. Co. v. Cunningham Hardware Co.

The suit is in damages for injury to a truck from collision with a locomotive or tender of defendant at a grade crossing of a public street in the city of Mobile. The decision on former appeal appears in Cunningham Hardware Co. v. L. & N. R. R. Co., 209 Ala. 327, 96 So. 358.

Count B lays the accident to the negligence of the watchman or flagman of defendant, one Reil, who was stationed at the crossing for the purpose of giving warning of the approach of engines and ears of defendant, and who was then and there acting within the line and scope of his employment. Tha demurrer takes the point…