Fayet v. St. Louis S. F. R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by M. A. Fayet against the St Louis & San Francisco Railroad Company and others for injuries in a crossing accident. Judgment for defendants, and plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by M. A. Fayet against the St Louis & San Francisco Railroad Company and others for injuries in a crossing accident. Judgment for defendants, and plaintiff appeals. The following is charge B: Even if you believe from the evidence that there was no light on the end of the car and no bell was ringing or whistle blown as the train approached the crossing, such failure on the part of the operators would not be gross or wanton negligence entitling the plaintiff to recover punitive damages in this case. Charge A. You are not…
1Opinion of the CourtThomas, J.
The suit was for damages alleged to have resulted from a collision between an automobile driven by the plaintiff and one of defendant’s trains. It occurred at a public railroad crossing within the corporate limits of the city.
The complaint contained counts for simple negligence and for wanton conduct in the improper operation of the train. To these counts pleas of contributory negligence were interposed and demurrer sustained thereto, in so far as they purported to answer the wanton count. No demurrer was directed to said pleas as answer .to the simple negligence count. A trial on the merits…
2Cases cited25 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Engle v. SimmonsSupreme Court of Alabama · 1906
20 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Southern Ry. Co. v. MillerSupreme Court of Alabama · 1933
- Schmidt v. Mobile Light R. Co.Supreme Court of Alabama · 1920
15 more not listed; retrieve them via the Exa API.