Alabama Great Southern Rr. Co. v. Durr

Plaintiff in the circuit court obtained a judgment against appellant for an injury to an automobile belonging to plaintiff in a collision with a railroad train at a public street intersection. The only count was for simple primary negligence, and there was no subsequent negligence shown by the evidence. The defendant pleaded the general issue with leave to give in evidence any matter of special defense. There was evidence of primary negligence of defendant. The defense was contributory negligence.

Plaintiff wa's driving an open ear at night. The train was approaching with headlight burning…