Rush v. McDonnell

On Rehearing.

SOMERVILLE, J.

The principles of law declaratory of- a carrier’s duty to one who is on its train as a mere licensee (as in McCauley v. T. C. I. Co., 93 Ala. 356, 9 So. 611; Lawrence v. Kaul Lbr. Co., 171 Ala. 310, 55 So. 311; and Crider v. Yolande C. & C. Co., 206 Ala. 71. 89 So. 285), and in analogous cases, are not applicable to a person riding in an automobile or other vehicle as the invited guest of the owner, or of any one who is driving it on his own account. In the cases above referred to, the’ injured plaintiff was not an invited guest of the defendant, and the defendant’s…