Alabama Great Southern R. Co. v. Moundville Motor Co.

BOULDIN, Justice.

The action was for damages to plaintiff’s automobile resulting from a collision with defendant’s locomotive at a grade crossing in the City of Tuscaloosa.

The driver of the automobile at the time was on a mission of his own. The car had been loaned, or, at any rate, turned over to him for temporary use while awaiting the arrival of a new car ordered for him by plaintiff company. No question, therefore, of contributory negligence under the doctrine of respondeat superior arises in the case.

If negligence on the part of the engineer operating the locomotive was a proximate cause…