Hines v. Cooper
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; W. J. Martin, Judge. Action by J. C. Cooper against Walker D. Hines, as Director General operating the Nashville, Chattanooga & St. Louis Railway. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Etowah County; W. J. Martin, Judge. Action by J. C. Cooper against Walker D. Hines, as Director General operating the Nashville, Chattanooga & St. Louis Railway. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. J. C. Cooper, appellee, brought suit to recover damages to an automobile which was wrecked and otherwise damaged by a Nashville, Chattanooga & St. Louis Railway'train at a prablic street crossing in the town of Attalla. The trial resulted in a verdict for the plaintiff in the sum of $500. The…
1Opinion of the CourtGardner, J.
[1] It is strenuously insisted by counsel for appellant that the court committed error in refusing the general affirmative charge asked by the defendant, upaon the theory of contributory negligence on the part of plaintiff’s agent in attempting to cross the track of the railway without observing the rule requiring that he should have stopped, looked, and listened. This we consider the question of prime importance on this appeal,
“The principles of law which control cases of this kind are thoroughly well settled by our decisions. One who is about to cross a railroad track ‘must stop so near to…
2Cases cited8 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Atlantic Coast Line R. Co. v. JonesSupreme Court of Alabama · 1918
- Birmingham Railway, Light & Power Co. v. HumphriesSupreme Court of Alabama · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- Birmingham Belt R. Co. v. NelsonSupreme Court of Alabama · 1927
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Southern Ry. Co. v. MillerSupreme Court of Alabama · 1933
15 more not listed; retrieve them via the Exa API.