Mizzell v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before Hon. Chas. A. Senn. Action for personal injuries to plaintiff: at Warner, a station on defendant’s road. The first count, to which demurrers were sustained, charged simple negligence only. The trial was had on the second count, which ascribed plaintiff’s injuries to the wanton, willful and reckless conduct of the defendant’s agents or servants in the running, control and management of its train.
Read the full summary
Appeal from Birmingham City Court. Tried before Hon. Chas. A. Senn. Action for personal injuries to plaintiff: at Warner, a station on defendant’s road. The first count, to which demurrers were sustained, charged simple negligence only. The trial was had on the second count, which ascribed plaintiff’s injuries to the wanton, willful and reckless conduct of the defendant’s agents or servants in the running, control and management of its train. The evidence showed that Warner was a flag station, at which trains stopped several times a day; that plaintiff, when struck, ivas walking along the…
1Opinion of the CourtMcCLELLAN, C. J.
— It is settled in this State that persons have the right to cross a railroad track, at least when it is not fenced, wherever they have occasion to be beyond it. Of course the duty of exercising care must be observed. IBut no person has a right to use the track of a railroad as a road or path, and if a. person is injured by a passing engine or train while walking on the track, or on the ends of the crossties by the side of the track, he cannot recover damages therefor unless the trainmen willfully or wantonly ran against him or unless they failed to exercise due care to' avoid striking him.…
2Cited by19 opinions
- Wynn v. McCraneySupreme Court of Alabama · 1908
- Oliver v. WilliamsSupreme Court of Alabama · 1909
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Walter v. Alabama Great Southern R. R.Supreme Court of Alabama · 1904
- Birmingham-Trussville Iron Co. v. Allied Engineers, Inc.Supreme Court of Alabama · 1932
14 more not listed; retrieve them via the Exa API.