Robertson v. Southern Ry. Co.

Notwithstanding the rule declared in section 9955, Code, when an adult is a trespasser on the tracks of a railroad company, and is run over and killed by a train of cars, the burden is upon plaintiff suing for ■ such death to prove that it was the proximate result of the negligence of defendant, or that defendant wantonly or willfully caused it. Elliott v. Northern Ala. R. Co., 222 Ala. 79, 130 So. 775; Ex parte Southern Ry. Co., 181 Ala. 486, 490, 61 So. 881; Louisville & N. R. Co. v. Moran, 190 Ala. 108, 119, 66 So. 799.

Recognizing such rule, appellant sought a recovery only on a count…