Miles v. Hines
Supreme Court of Alabama
Appeal from Circuit Court, Marion County; T. L. Sowell, Judge. Action by John S. Miles, against W. D. Hines, as Director General of Railroads. Judgment for defendant, and plaintiff appeals. The engineer was guilty of negligence in failing to comply with the statutory requirements. Section 5473, Code 1907, and cases there cited. The burden was on a defendant to show a compliance. Section 0476, Code 1907, and cases there cited.
Read the full summary
Appeal from Circuit Court, Marion County; T. L. Sowell, Judge. Action by John S. Miles, against W. D. Hines, as Director General of Railroads. Judgment for defendant, and plaintiff appeals. The engineer was guilty of negligence in failing to comply with the statutory requirements. Section 5473, Code 1907, and cases there cited. The burden was on a defendant to show a compliance. Section 0476, Code 1907, and cases there cited. As to the duty of those operating trains over a populous crossing, see 16 Ala. App. 323, 77 South. 917; 203 Ala. 284, 82 South. 534; 202 Ala. 671, 81 South. 627; 17 Ala.…
1Opinion of the CourtBrown, J.
This is an action on the case by appellant against the appellee to recover damages for personal injuries resulting from a collision between the defendant’s passenger train and an automobile, in which plaintiff was traveling as a passenger of one Vickery, who was driving the car. The complaint consists of two counts — the first charging wantonness on the part of the trainman, and the second simple negligence. The only plea interposed to these counts was the general issue.
[1,2] The second count was sufficient to warrant a recovery for subsequent negligence, or negligence after the discovery oí…
2Cases cited12 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Mobile City Lines, Inc. v. AlexanderSupreme Court of Alabama · 1947
- Alabama Power Co. v. McIntoshSupreme Court of Alabama · 1929
- Southern Railway Co. v. JarvisSupreme Court of Alabama · 1957
- Dye-Washburn Hotel Co. v. AldridgeSupreme Court of Alabama · 1922
13 more not listed; retrieve them via the Exa API.