Highland Avenue & Belt Railroad v. Robbins
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried, before Hon. W. W. Wilkerson. This case was brought by Florence B. Bobbins, ah infant nineteen months old, against the Highland Avenue & Belt Bailroad Co. to recover damages for injuries caused by a train of the defendant. Of the counts of the complaint on which issue was joined, all except two, alleged that the injuries Avere inflicted while the plaintiff Avas on the tract of the defendant’s road.
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Appeal from Birmingham City Court. Tried, before Hon. W. W. Wilkerson. This case was brought by Florence B. Bobbins, ah infant nineteen months old, against the Highland Avenue & Belt Bailroad Co. to recover damages for injuries caused by a train of the defendant. Of the counts of the complaint on which issue was joined, all except two, alleged that the injuries Avere inflicted while the plaintiff Avas on the tract of the defendant’s road. The other tAVo averred negligence of the employes of the company, the tenth at a point where the track intersected a public highway or street of an…
1Opinion of the CourtHaralson, J.
— “It is generally, and we think correctly held, [says Elliott] that a railroad company is not bound to keep a look-out for trespassers upon the track” of its road. — 3 Elliott on Railroads, § § 1255, 1257 ; Georgia Pac. R. R. Co. v. Ross, 100 Ala. 490; M. & C. R. R. Co. v. Womack, 84 Ala. 149; E. T. V. & G. R. Co. v. King, 81 Ala. 177. But a duty to such a trespasser sets in, when his peril becomes apparent to the company’s employes; and then they must exercise all reasonable care and diligence to avoid injuring him. — Ala. G. S. R. Co. v. Moorer, 116 Ala. 642.
In the case of the Ga. Pac. R.…
2Cases cited15 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Alabama Great Southern Railroad Co. v. GreenSupreme Court of Alabama · 1964
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Mi-Lady Cleaners v. McDanielSupreme Court of Alabama · 1938
- Ala. Great Southern Ry. Co. v. GuestSupreme Court of Alabama · 1905
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