Alabama Power Co. v. Baley

The jury found a verdict for the plaintiff under the third or wanton count of the complaint. The injury occurred at a street crossing, that is Tenth street, and three blocks from the Alabama City post office, but there was no proof as to the frequency as to the use of said crossing at or about the time of the accident, and, from aught appearing, said crossing may have been seldom or infrequently used at this time of the day. The evidence shows that the motorman did all in his power to avoid the collision after discovering the approach of the truck, so, if wantonness was shown, it must be…