Louisville N. R. Co. v. Morse
Louisville N. R. Co. v. Morse
Opinion of the Court
The action is to recover damages for personal injuries. Appellee was hit by an engine or train of appellant while in the act of attempting to cross the track of appellant at one of the public street crossings in the city of Mobile.
The cause was tried on three counts; one charging simple initial negligence, one subsequent negligence, and one wantonness or willful injury. The plea of contributory negligence was interposed as to the count declaring on initial simple negligence, and the general issue as to the other counts.
We are of the opinion that the undisputed evidence showed plaintiff to be guilty of contributory negligence in failing to stop, look, and listen before attempting to cross the track; but we are of the opinion that *672 the case was properly submitted to the jury on the other two issues.
The case made here is much stronger than the case cited above. The facts are very much like those of Martin’s Case, 117 Ala. 367, 23 South. 231, Weatherly’s Case, 166 Ala. 575, 51 South. 959, Orr’s Case, 121 Ala. 489, 26 South. 35, Guest’s Case, 136 Ala. 348, 34 South. 968, and 144 Ala. 375, 39 South. 654, Duncan v. St. L. & S. F. R. R. Co., 152 Ala. 118, 44 South. 418, and L. & N. R. R. Co. v. Young, 153 Ala. 232, 45 South. 238, 16 L. R. A. (N. S.) 301, in which cases the question of liability was submitted to the jury.
• The only error insisted on being the failure of the court to direct a verdict for defendant, it follows that the case must be affirmed.
Affirmed.
Reference
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- Louisville & N. R. Co. v. Morse
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