Johnston v. Southern Ry. Co.

BOULDIN, Justice.

Action under the Homicide Act, Code 1923, § 5696.

The death of plaintiff's intestate resulted from a collision of an automobile with a freight car at a public street crossing. The trial court gave the affirmative charge, with hypothesis, for defendants. This ruling is the primary question for review.

Without dispute plaintiff’s intestate drove his automobile into the freight car, a part of a passing freight train, while the train was standing or slowly moving over the crossing in regular course.

In St. Louis-San Francisco Ry. Co. v. Guthrie, 216 Ala. 613, 114 So. 215, 56 A.L. R.…