Atlantic Coast Line Railroad v. Griffith

PRICE, Judge.

This is an appeal from a judgment of the Circuit Court of Talladega County in favor of plaintiff for $1,000 in a suit involving a collision between plaintiff’s automobile and defendant’s train at a public crossing in the City of Talladega.

The complaint contained one count, based upon simple negligence. Defendant’s plea was in short by consent. The court submitted to the jury the issues of simple or initial negligence, and subsequent negligence after discovery of peril.

The collision occurred about 11:30 A.M., on November 19, 1955, at a point where defendant’s railroad crosses 17th…