Los Angeles & Salt Lake Railroad v. Lytle

On Petition for Rehearing

*212OPINION

By the Court,

Ducker, C. J.:

We have carefully considered the arguments and authorities presented in appellants’ petition for a rehearing, but are not persuaded that it should be granted.

It must be conceded that there are cases at variance with our opinion, but we cannot concur in the assertion that they represent the weight of authority. In the case of St. Louis-San Francisco R. Co. v. Guthrie, 216 Ala. 613, 114 So. 215, 217, 56 A. L. R. 1110, the court concedes a condition implying negligence, which, in our opinion, the circumstances of this case disclose. The…