Gulf, M. O. R. Co. v. Sims

MERRILL, Justice.

This is an appeal from a judgment in favor of plaintiff in a suit based- upon a collision between plaintiff’s automobile and defendant’s locomotive at a public crossing' on Fifteenth Street in the City of Tuscaloosa.'

The case went to the jury on three counts, all of which charged simple negligence. Count 1 charged that defendant negligently caused the railroad engine to collide with plaintiff’s automobile; count 4 charged that defendant was negligent in allowing or permitting a hole or holes to be in its roadbed between the rails on the crossing; count 5 charged, defendant…