Southern Railway Co. v. Posey
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before Hon. W. W. Wilkersoh. A. O. Posey brought this suit against the appellant company to recover damages for injury resulting from defects m a crossing.
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Appeal from Birmingham City Court. Tried before Hon. W. W. Wilkersoh. A. O. Posey brought this suit against the appellant company to recover damages for injury resulting from defects m a crossing. Tlie evidence showed that about 8 o’clock at night as the driver of a two horse wagon, the property of plaintiff, was driving across a crossing of the defendant’s railroad, the wheel of the wagon was caught in the guard rail of the track and so held that the driver could not loosen it. That this condition was brought about by reason of a hole in the crossing caused by the Avearing aAvay of the plank…
1Opinion of the CourtSharpe, J.
— The owner of a railroad operating it across a public road is under the legal duty to maintain the crossing in a condition reasonably safe and convenient for use by those traveling the public road. — Pratt Coal & Iron Co. v. Davis, 79 Ala. 308; S. & N. R. R. Co. v. McLendon, 63 Ala. 266; 9 Am. & Eng. Ency. Law, 491.
The first and third counts of the complaint- ás amended each shows a cause of action for a breach of that duty. The second count declares upon a breach of the statutory duty of the defendant to sound the whistle *488or bell of its train at short intervals when approaching the public…
2Cases cited6 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Birmingham Union Railway Co. v. AlexanderSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Alabama Great Southern Railroad Co. v. BishopSupreme Court of Alabama · 1956
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Southern Railway Co. v. LefanSupreme Court of Alabama · 1915
- Perrine v. Southern Bitulithic Co.Supreme Court of Alabama · 1914
- Birmingham Electric Co. v. LawsonSupreme Court of Alabama · 1940
10 more not listed; retrieve them via the Exa API.