Southern Ry. Co. v. Popejoy

As we understand the complaint in this case, it proceeds, not from the • erection or construction of a defective or imperfect stock gap, but for the negligent maintenance of same so as to invite stock to go upon said gap by permitting grass to grow under or over same so as to obscure or conceal the spikes or signals of warning, and, if this he true, the defendant would be guilty of negligence and liable for injuries to stock by going upon or over said gap. Carrollton R. R. v. Lipsey, 43 So. 836, 150 Ala. 570. It was a question for the jury as to whether or not there was a sufficient growth of…