Alabama Great Southern Railroad v. Crocker
Supreme Court of Alabama
Appeal from the County Court of Tuskaloosa. Tried before the Hon. J. J. Mayfield. This was an action brought by the appellee, Robert ■Crocker, a minor, by his next, friend, against the Alabama Great Bout-hern Railroad Company, to recover damages for personal injuries. The complaint- as amended contained three counts.
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Appeal from the County Court of Tuskaloosa. Tried before the Hon. J. J. Mayfield. This was an action brought by the appellee, Robert ■Crocker, a minor, by his next, friend, against the Alabama Great Bout-hern Railroad Company, to recover damages for personal injuries. The complaint- as amended contained three counts. In the first count the plaintiff sued for $2,000 damages for that- on February (>,_ 1898, the. said Robert Crocker being then “six years of age, went upon the turn-table kept by the defendant at its depot and yards in the city of Tuscaloosa, Alabama, and while playing upon it…
1Opinion of the CourtSharpe, J.
Ownership of property may carry with it the right of the owner to use and to exclude others from the use of the property, but however exclusive ■may be the owner’s rights,, he is subject always to the maxim “see útero two at alien am, won laedas.” Common prudence forbids that one may arrange even on his own premises that which he knows, or in the exercise of common judgment and prudence ought to know, will naturally attract others into unsuspected danger or great bodily harm. It is the apparent probability of danger rather than rights of property, that determines the duty and measure of care…
2Cited by29 opinions
- Tolbert v. GulsbySupreme Court of Alabama · 1976
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Sheffield Co. v. MortonSupreme Court of Alabama · 1909
- Alabama Great Southern Railroad Co. v. GreenSupreme Court of Alabama · 1964
- Athey v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1915
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