Wood v. Northern Alabama Ry. Co.

The action was in a single count claiming damages of defendant for that through its agents, servants, and employees it so negligently operated a certain engine and train of cars that same ran against plaintiff’s automobile and injured it in the sum claimed. The- plea was the general issue and contributory negligence.

A plea of contributory negligence alleging that plaintiff failed to stop, look, and listen before going upon the track of defendant, and that this failure contributed to the injury complained of, is a good plea and presents a good defense to a count claiming as for simple…