Allen v. Birmingham Southern R. Co.

The appellant, Claude A. Allen, sues the appellee, the Southern Railroad Company, a corporation, to recover for personal injuries and injuries to his automobile, caused by a collision at a crossing of the defendant’s railroad track on the public road leading from Birmingham to a resort at West Lake.

There were four counts in the complaint. Counts 1 and 2 relied upon simple negligence for a recovery. Count 3 relied for recovery upon the alleged wanton acts of the servant or agent of the defendant, whose name is unknown to the plaintiff, while acting within the line and scope of his authority as…