SOUTHERN RAILWAY COMPANY v. TERRY

8 Div. 957.

109 So.2d 919 (1959)

SOUTHERN RAILWAY COMPANY v. Roy TERRY.

Supreme Court of Alabama.

February 12, 1959.


Attorney(s) appearing for the Case

Mitchell & Poellnitz, Florence, for petitioner.

Thos. C. Pettus, Moulton, opposed.


MERRILL, Justice.

Plaintiff sued to recover damages sustained when his tractor was struck by defendant's train at a crossing. The complaint contained two counts, 1 charging negligence in failing to ring the bell and sound the horn for the crossing, 2 charging negligence in the operation of the train. Judgment was for the plaintiff and defendant appealed.

The Court of Appeals held that the defendant was entitled to the affirmative charge as to Count 1 because...

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