Atlantic Coast Line R. Co. v. Jones
Alabama Court of Appeals
Appeal from City Court of Montgomery; Gaston Gunter, Judge. Action by D. W. Jones against the Atlantic Coast Line Railroad Company for injuries to personal property. Ftom a judgment for plaintiff, defendant appeals. The facts sufficiently appear. The following charges are referred to in the opinion: (1) and (2) Affirmative charge for defendant.
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Appeal from City Court of Montgomery; Gaston Gunter, Judge. Action by D. W. Jones against the Atlantic Coast Line Railroad Company for injuries to personal property. Ftom a judgment for plaintiff, defendant appeals. The facts sufficiently appear. The following charges are referred to in the opinion: (1) and (2) Affirmative charge for defendant. (4) If the jury believe that plaintiff did not stop, look, or listen before attempting to cross the track of the railroad, their verdict must be for defendant. (5) Same as (4). (D) Although the jury may believe from the-evidence that the agent for…
1Opinion of the CourtBrown, P. J.
It is the duty of a traveler on a public street or highway who approach*448es a railroad track for the purpose of crossing over it, whether at a guarded or unguarded crossing, or whether the crossing is located in a rural country district where the use of the crossing is infrequent, or in a city, town, or village where it is used with great frequency, and whether the railroad is one over which trains are operated on regular schedules and at frequent intervals, or is a side track or switch track infrequently used and at irregular intervals, to exercise reasonable care — that is, the care that an…
2Cases cited22 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Cooper v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
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