Birmingham Southern R. Co. v. Goodwyn
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by A. G. Goodwyn against the Birmingham Southern Railroad Company. From judgment for plaintiff, defendant appealed to the Court of Appeals, which reversed and remanded the cause, and plaintiff petitions for certiorari.
1Opinion of the Court
This is an action on a case by appellee against appellant to recover damages for an injury to a motorcycle, alleged to have resulted from the negligence of the defendant's servant or agent in allowing a locomotive to run upon the motorcycle while the plaintiff was attempting to cross defendant's tracks at a public road crossing, the plaintiff having abandoned the motorcycle in extricating his person from the peril of the situation thus produced. There was evidence tending to sustain plaintiff's theory that the defendant's engineer was guilty of negligence after the discovery of the perilous…
2Cases cited20 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
- Adams v. StateAlabama Court of Appeals · 1915
- Hare v. FullerSupreme Court of Alabama · 1845
15 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Montgomery Light Water Power Co. v. ThombsSupreme Court of Alabama · 1920
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Ingram v. StateSupreme Court of Alabama · 1949
- Southern Building & Loan Ass'n v. DinsmoreSupreme Court of Alabama · 1932
- Adams v. Queen Insurance Company of AmericaSupreme Court of Alabama · 1956
43 more not listed; retrieve them via the Exa API.