Johnson v. Louisville & N. R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Romaine Boyd, Judge. Action by Bill Johnson against the Louisville & Nashville Railroad Company. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Jefferson County ; Romaine Boyd, Judge. Action by Bill Johnson against the Louisville & Nashville Railroad Company. Judgment for defendant, and plaintiff appeals. At the request of the defendant the court gave the following charge: (1) An engineer or fireman in control of a locomotive is entitled to assume that an apparently competent person driving an automobile towards a crossing and in the clear of the track will stop before he reaches the track, and the engineer or fireman is under no duty to stop or slacken the speed of that locomotive until it becomes…
1Opinion of the CourtAnderson, C. J.
[1, 2] The defendant’s given charge (which we mark 1) was a correct statement of law, and the giving of same was not reversible error. Sington v. Birmingham Ry., 76 South. 48. 1 If the charge was inapt or misleading when considered under the facts of this case, it should have been explained or qualified by a countercharge. Republic v. Howard, 196 Ala. 663, 72 South. 263. Nor can we say that the charge was erroneously given because of section 5473 of the Code of 1907, requiring the slowing of the train before reaching the crossing in question. This statute contemplates a slackening of speed…
2Cases cited8 opinions
- Frierson v. FrazierSupreme Court of Alabama · 1904
- Age-Herald Publishing Co. v. WatermanSupreme Court of Alabama · 1913
- Alabama Steel & Wire Co. v. ThompsonSupreme Court of Alabama · 1909
- Birmingham-Tuscaloosa Railway & Utilities Co. v. CarpenterSupreme Court of Alabama · 1915
- Sington v. Birmingham Ry., Light & Power Co.Supreme Court of Alabama · 1917
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3Cited by5 opinions
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- Feore v. TrammelSupreme Court of Alabama · 1925
- Crescent Motor Co. v. StoneSupreme Court of Alabama · 1922
- Alabama Power Co. v. PentecostSupreme Court of Alabama · 1923
- Railway Exp. Agency, Inc. v. CunigimAlabama Court of Appeals · 1937