Bason v. Ala. G. S. R. R.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by W. H. Bason against the Alabama Great Southern Railroad for damages for being struck while crossing defendant’s railroad. Judgment for defendant, and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by W. H. Bason against the Alabama Great Southern Railroad for damages for being struck while crossing defendant’s railroad. Judgment for defendant, and plaintiff appeals. The first count was in simple negligence, and alleges that plaintiff was injured while crossing defendant’s railroad track in an automobile; and that the agents and servants of defendant, while acting within the line and scope of their employment, negligently ran a freight engine upon or against an automobile in which plaintiff was riding, whereby,…
1Opinion of the CourtAnderson, J.
There was no evidence to support the willful or wanton counts of the complaint, as the crossing in question was not shown to he such a populous one as to make the manner of passing over same, •as did the defendant’s trainmen, wantonness. Nor was there any proof that the defendant’s servants wantonly or willfully ran into the automobile after a discovery ■of the plaintiff’s peril.
It was a question for the jury as to whether or not the defendant’s servants • were guilty of simple, initial negligence, resulting from a failure to observe the statutory requirements as to signals before reaching…
2Cases cited4 opinions
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- Central of Georgia Ry. Co. v. HyattSupreme Court of Alabama · 1907
3Cited by21 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Louisville and Nashville Railroad Co. v. TuckerSupreme Court of Alabama · 1955
- Louisville & Nashville R. R. v. LoydSupreme Court of Alabama · 1914
- Atlantic Coast Line R. Co. v. FlowersSupreme Court of Alabama · 1941
- Southern Ry. Co. v. MillerSupreme Court of Alabama · 1933
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