Western Railway v. Wallace
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Wiliam: H. Thomas. Action by J. L. Wallace against the Western Railway of Alabama. From a judgment for plaintiff, defendant appeals. The facts as made by the complaint under plaintiff’s testimony are: That at the time of the injury plaintiff was the servant or employee of the Montgomery Tract-ion Company, wbicb crosses the defendant’s track at grade.
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Appeal from Montgomery City Court. Heard before Hon. Wiliam: H. Thomas. Action by J. L. Wallace against the Western Railway of Alabama. From a judgment for plaintiff, defendant appeals. The facts as made by the complaint under plaintiff’s testimony are: That at the time of the injury plaintiff was the servant or employee of the Montgomery Tract-ion Company, wbicb crosses the defendant’s track at grade. That the car on which plaintiff was running was brought to a full stop about 20 yards from the crossing, and, as the track seemed clear, the car proceeded on to the crossing, when it was struck…
1Opinion of the CourtAnderson, J.
The injury occurred at a railroad crossing, and the statutee (section 5474 of the Code of 1907) requires the trainmen to bring the train to a full stop within 100 feet of such crossing, and not proceed until they know the way to be clear, hut this provision is not applicable when such crossings are regulated as therein provided. The proof shows that the crossing in question was not so regulated as to relieve the defendant’s trainmen of the duty of stopping within 100 feet thereof, and the trial court -did not err in giving charge 1, requested by the plaintiff.
Charge 3, given at the request of…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Southern Railway Co. v. WilliamsSupreme Court of Alabama · 1904
- Baker v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1900
3Cited by7 opinions
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Alabama Fuel & Iron Co. v. BushSupreme Court of Alabama · 1920
- JAMES A. HEAD & COMPANY v. RollingSupreme Court of Alabama · 1956
- Empire Clothing Co. v. HammonsAlabama Court of Appeals · 1919
- Southern Ry. Co. v. FlyntSupreme Court of Alabama · 1919
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