GULF, M. & O. R. CO. v. SIMS

6 Div. 436.

69 So.2d 449 (1953)

GULF, M. & O. R. CO. v. SIMS.

Supreme Court of Alabama.

Rehearing Denied January 21, 1954.


Attorney(s) appearing for the Case

Dominick, Rosenfeld & Nicol, Tuscaloosa, for appellant.

F. F. Windham and Jas. L. Marshall, Tuscaloosa, for appellee.


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...

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