Alabama Great Southern Railroad v. Fulton
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before tbe Hon. B. Clay Jones. This action was brought by the appellee, James A. Fulton, against the Alabama Great Southern Railroad Company, to recover damages for personal injuries alleged to have been suffered, by the plaintiff by reason of the negligence of defendant’s employes. As amended, the complaint contained ten counts.
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Appeal from Bessemer City Court. Heard before tbe Hon. B. Clay Jones. This action was brought by the appellee, James A. Fulton, against the Alabama Great Southern Railroad Company, to recover damages for personal injuries alleged to have been suffered, by the plaintiff by reason of the negligence of defendant’s employes. As amended, the complaint contained ten counts. The court gave the general affirmative charge a®.to all of these counts, with the exception of the 4tii and 10th. The 4th count, as last amended, was in words and figures as follows: • “The plaintiff’ claims of the (defendant…
1Opinion of the CourtMcCLELLAN, C. J.
The plaintiff, of course, had a right to be where he was and as he was when he was injured in consequence of his mule becoming frightened by defendant’s train. But the road along which he had been traveling and upon which it wa«, his purpose to *341cross the railway as soon as defendant’s train, or engine got out of the way, was not a public road. Therefore, defendant’s trainmen were under no duty to keep a lookout for him, but their duties in respect of him arose only after they became aware of his presence and peril. If, after becoming aware that his mule was becoming frightened by the engine,…
2Cases cited5 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
3Cited by16 opinions
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Alabama Consolidated Coal & Iron Co. v. CowdenSupreme Court of Alabama · 1911
- Atlantic Coast Line R. Co. v. CarterSupreme Court of Alabama · 1926
- Shepard v. Louisville N. R. Co.Supreme Court of Alabama · 1917
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