Davies v. Barnes
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; E. C. Crow, Judge. Action by Frank Barnes against Joseph H. Davies for injuries from an automobile accident. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; E. C. Crow, Judge. Action by Frank Barnes against Joseph H. Davies for injuries from an automobile accident. Judgment for plaintiff, and defendant appeals. The accident occurred at the Louisville & Nashville crossing at Twentieth street in Birmingham, according to numerous disinterested witnesses, and the plaintiff himself, who was the crossing flagman employed by the railroad company, was run against and knocked down by defendant’s car, driven by a negro chauffeur, while plaintiff was engaged in flagging an engine across the street, and waving the…
1Opinion of the CourtSomerville, J.
While the fact that the automobile that injured plaintiff was running 25 miles an hour a block and a half south of the crossing does not generate any presumption of law, even prima facie, that it entered upon or passed over the crossing at a similar rate of speed, nevertheless it was clearly a fact for the jury to consider, as affording an inference of fact with respect to its probable speed and control when it very shortly thereafter reached and passed over the crossing. The point has been so ruled in Hilary v. St. Ry. Co., 104 Minn. 432, 116 N. W. 933, and Portsmouth St. R. R. Co. v. Reed,…
2Cases cited2 opinions
- Portsmouth Street Railroad v. Peed's AdministratorSupreme Court of Virginia · 1904
- Hilary v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1908
3Cited by16 opinions
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- Central of Georgia Railway Co. v. KeatingSupreme Court of Georgia · 1933
- Wilson v. FlemingWest Virginia Supreme Court · 1921
- Ries v. Cheyenne Cab & Transfer Co.Wyoming Supreme Court · 1938
- Ex Parte Houston CountySupreme Court of Alabama · 1983
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