Robinette v. Alabama Great Southern Railroad
Supreme Court of Alabama
Appeal from Birmingham. City Court. Tried before Hon. Chas. A. Senn. Action by George W. Robinette for damages for personal injuries. The complaint charged simple negligence, and defendant pleaded the general issue and contributory negligence. In addition to the facts shown by the opinion the record shows the following facts: The injury occurred in the day time in the town of Avondale, at a point where defendant’s track crossed the main street of the town.
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Appeal from Birmingham. City Court. Tried before Hon. Chas. A. Senn. Action by George W. Robinette for damages for personal injuries. The complaint charged simple negligence, and defendant pleaded the general issue and contributory negligence. In addition to the facts shown by the opinion the record shows the following facts: The injury occurred in the day time in the town of Avondale, at a point where defendant’s track crossed the main street of the town. Plaintiff was driving a one-horse wagon, going south. The track of the Southern Railway Company also crossed this street, that and…
1Opinion of the CourtTyson, J.
— The evidence shows that plaintiff drove upon the defendant’s track without stopping, when his view of the track in the direction from which the train was approaching was obstructed. That his vehicle was immediately struck by the moving train. According to the testimony of thp plaintiff himself, the view of those in charge of the train Avas obstructed by the same obstacle that shut out his oavu. After passing the obstacle which, obscured his víoav, he discovered the approaching train within a íoav feet of him and made an effort to cross tire track ahead of it. There is testimony tending to…
2Cases cited1 opinion
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
3Cited by5 opinions
- Knight v. StateSupreme Court of Alabama · 1962
- Palmer v. StateSupreme Court of Alabama · 1910
- Elliott v. StateSupreme Court of Alabama · 1968
- Perry v. StateAlabama Court of Appeals · 1912
- Thompson v. State Ex Rel. ReevesSupreme Court of Alabama · 1927