Kearns v. Mobile L. & R. R.
Supreme Court of Alabama
Appeal from Mobile Law and Equity-Court. Heard before Hon. Saffold Berney. Action by Robert J. Kearns against the Mobile Light & Rail- . road Company for damages for injuries to an automobile. Judg-. ment for defendant on the pleadings, and plaintiff appeals.
Read the full summary
Appeal from Mobile Law and Equity-Court. Heard before Hon. Saffold Berney. Action by Robert J. Kearns against the Mobile Light & Rail- . road Company for damages for injuries to an automobile. Judg-. ment for defendant on the pleadings, and plaintiff appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The second count of the complaint charges that defendant street railway company was repairing its track or roadbed on Government street in the city of Mobile, and had made large and dangerous holes and excavations therein, of which it became defendant’s duty to warn…
1Opinion of the CourtSomerville, J.
The question of decisive importance in this case, as presented by the demurrer to defendant’s third plea, is whether the nine red lights stationed as warning signals— three on each side of defendant’s street railway track with an open space of eight feet occupied by the track between them— were, as a matter of law, a sufficient warning to travelers in vehicles, who saw the lights, that the street way within the two rows of lights was in a condition dangerous or impassable for vehicles.(1) It must of course be conceded that, as a general rule, the sufficiency of signals or barriers to give…
2Cases cited7 opinions
- Sutton v. City of SnohomishWashington Supreme Court · 1895
- Stockton Automobile Co. v. ConferCalifornia Supreme Court · 1908
- Donnelly v. . City of RochesterNew York Court of Appeals · 1901
- Mayor of Baltimore v. Maryland ex rel. HutchisonCourt of Appeals for the Fourth Circuit · 1908
- McMahon v. City of BostonMassachusetts Supreme Judicial Court · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Finley P. Smith, Inc. v. SchectmanDistrict Court of Appeal of Florida · 1961
- City of Birmingham v. SmithSupreme Court of Alabama · 1941
- City of Albany v. BlackSupreme Court of Alabama · 1926
- Morgan v. Mobile O. R. Co.Supreme Court of Alabama · 1919
3 more not listed; retrieve them via the Exa API.