Southern Ry. Co. v. Holder

GARDNER, Justice.

Plaintiff’s car and contents were destroyed in the night by collision at a road crossing with defendant’s passenger train, and, from a judgment fór plaintiff, defendant appeals.

The crossing was not a public road crossing, and the provisions of section 9952, Code 1923, were therefore inapplicable. Walker v. Ala., Tenn. & Northern Ry. Co., 194 Ala. 360, 70 So. 125, 127.

But the crossing, though not a public one, did serve the public of that neighborhood, and the defendant held out an invitation to the public to cross at this particular place by preparing and maintaining the same…