Birmingham Railway Light & P. Co. v. McLain
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Action by John McLain against the Birmingham Railway, Light & Power Company for personal injuries and injury to a horse and vehicle. Judgment for plaintiff, and defendant appeals. The pleas interposed to the complaint were the general issue and contributory negligence, for failing to stop, look, and listen, going upon a, track when the car was in dangerous proximity, etc.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Action by John McLain against the Birmingham Railway, Light & Power Company for personal injuries and injury to a horse and vehicle. Judgment for plaintiff, and defendant appeals. The pleas interposed to the complaint were the general issue and contributory negligence, for failing to stop, look, and listen, going upon a, track when the car was in dangerous proximity, etc. The following charges were refused to the defendant: .“(2) If you believe the evidence, the plaintiff was guilty of negligence. (3) If you believe the…
1Opinion of the CourtSimpson, J.
The court did not err in refusing to give the general charge in favor of the defendant. While it is true that the traveler across a street railroad is required to look, before crossing, and it is also true that, if the testimony clearly shows that by looking the plaintiff could have avoided the injury, the court would be justified in giving the general charge in favor of the defendant, notwithstanding the testimony of the plaintiff that he did look (Peters v. So. Ry. Co., 135 Ala. 533, 33 South. 332), yet it is also true that the driver has a right to cross a street railroad track, although…
2Cases cited2 opinions
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Birmingham Railway & Electric Co. v. JacksonSupreme Court of Alabama · 1902
3Cited by8 opinions
- Blount Brothers Construction Company v. RoseSupreme Court of Alabama · 1962
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Alabama City, G. & A. Ry. Co. v. LeeSupreme Court of Alabama · 1917
- Taylor v. LewisSupreme Court of Alabama · 1921
- Birmingham Railway, Light & Power Co. v. DemminsAlabama Court of Appeals · 1911
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