Sloss-Sheffield Steel & Iron Co. v. Littrell

On Rehearing.

LIVINGSTON, Justice.

On former consideration of this cause, we held that the issue of contributory negligence was, under the evidence, one for the jury. The opinion in that respect was based on the cases of Sloss-Sheffield Steel & Iron Co. v. Peinhardt, 240 Ala. 207, 199 So. 33; Sloss-Sheffield Steel & Iron Co. v. Willingham, 240 Ala. 294, 199 So. 28; Id., 243 Ala. 352, 10 So.2d 19; and our finding that “there is no essential distinction between the degree of familiarity possessed by plaintiff motorist in the Willingham case and that shown in this case by plaintiff and in driving…