Sharpe v. Western Ry. of Alabama

BROWN, Justice.

This is an action on the case by appellant against appellee for personal injury received by the plaintiff as a result of a collision between a truck in which he was riding and the locomotive pulling passenger train No. 38, at a road crossing leading into the plant of the W. F. Bradley Lumber Company located in the city of Montgomery.

The case Was tried on counts 4, 5, 7, and 9 of the complaint and the defendant’s pleas of the general issue and contributory negligence, pleaded in short by consent.

The bill of exceptions recites that “at the conclusion of the plaintiff’s testimony,…