Mobile Light R. Co. v. Gadik

The action is for damages to an automobile from collision with a street car at a crossing in the city of Mobile.

The complaint contained one count for simple negligence and one for wanton injury, in the usual form. The pleas were the general issue and a special plea of contributory negligence to the first count.

The first question presented is whether defendant was entitled to the affirmative charge on the count for simple negligence.

At the time of the collision plaintiff was driving his automobile north on Warren street, and the street car was going west on Charleston street. Plaintiff’s…