Atlantic Coast Line R. Co. v. Jones
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by D. W. Jones against the Atlantic Coast Line Railroad Company. There was a judgment for plaintiff which was affirmed by the Court of Appeals (16 Ala. App. 447, 78 South. 645), and the defendant petitions for certiorari.
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Certiorari to Court of Appeals. Action by D. W. Jones against the Atlantic Coast Line Railroad Company. There was a judgment for plaintiff which was affirmed by the Court of Appeals (16 Ala. App. 447, 78 South. 645), and the defendant petitions for certiorari. The oral charge of the court is as follows: “If you were out in the country and came across a regular highway, and you came across a railroad track, it would be your duty there to stop, look, and listen to see if you were going to be struck by a train coming along that track— there is a duty. And so it is in towns where the party knows…
1Opinion of the CourtAnderson, C. J.
It is well settled by a long line of decisions by this court that a person attempting to cross a railroad track: on which cars and locomotives are liable to be moving must stop, look in both directions, and listen before going on the track. Cen. of Ga. v. Barnett, 151 Ala. 407, 44 South. 392; Cen. of Ga. v. Foshee, 125 Ala. 199, 27 South. 1006; L. & N. R. R. Co. v. Calvert, 172 Ala. 597, 55 South. 812; and many cases collected in section 139, vol. 11, Encyclopedic Digest, p. 345.
“That it is the duty of a person approaching the track of a railway for the purpose of crossing it to stop, and to…
2Cases cited5 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- Atlantic Coast Line R. Co. v. JonesAlabama Court of Appeals · 1918