Rothrock v. Alabama Great Southern R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; J. E. Blackwood, Judge. Action by J. H. Rothrock and another against the Alabama Great Southern Railroad Company. Judgment for defendant, and plaintiffs appeal. The third count in averment of negligence is that plaintiff was damaged as a proximate consequence of the negligence of defendant in running said train at an excessive rate of speed, to wit, about 40 miles per hour.
Read the full summary
Appeal from Circuit Court, Etowah County; J. E. Blackwood, Judge. Action by J. H. Rothrock and another against the Alabama Great Southern Railroad Company. Judgment for defendant, and plaintiffs appeal. The third count in averment of negligence is that plaintiff was damaged as a proximate consequence of the negligence of defendant in running said train at an excessive rate of speed, to wit, about 40 miles per hour. The pleas are as follows: (3) For further plea to the first and second counts of the complaint defendant says that at the time of the happening of the injuries complained of the…
1Opinion of the Court
McCLELLAN, j.
The appellants (plaintiffs) claim damages of the appellee (defend ant) resulting from a collision between appellants’ automobile, while being driven by their agent, and a train of the appellee. The collision occurred at a public crossing. The issues tendered and actually litigated were those made by a count charging simple negligence and one charging wanton, willful misconduct, a general traverse of these counts and pleas of contributory negligence. The contributory negligence alleged was the failure of the driver of appellants’ automobile to “stop, look, and listen” before the…
2Cases cited4 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- East Tenn., Va. & Ga. Railroad v. DeaverSupreme Court of Alabama · 1885
3Cited by10 opinions
- Atlantic Coast Line R. Co. v. FlowersSupreme Court of Alabama · 1941
- Fayet v. St. Louis S. F. R. Co.Supreme Court of Alabama · 1919
- Louisville & N. R. Co. v. BaileySupreme Court of Alabama · 1943
- Johnston v. Southern Ry. Co.Supreme Court of Alabama · 1938
- Atlantic Coast Line R. Co. v. JacksonSupreme Court of Alabama · 1930
5 more not listed; retrieve them via the Exa API.