Gulf, M. & O. R. Co. v. Sanders

• Citation: 51 So.2d 531,255 Ala. 386
• Decision Date: 29 March 1951
• Docket Number: 6 Div. 139
• Court: Supreme Court of Alabama
• Parties: GULF, MOBILE & OHIO R. CO. v. SANDERS.

Page 531

51 So.2d 531

255 Ala. 386

GULF, MOBILE & OHIO R. CO. v. SANDERS.

6 Div. 139.

Supreme Court of Alabama.

March 29, 1951.

John H. Curry, Carrollton, and Foster, Rice, Madison & Rosenfeld, Tuscaloosa, for appellant.

Wm. B. McCollough, Birmingham, and W. A. Davis, Aliceville, for appellee.

STAKELY, Justice.

This is a suit brought by Kenneth R. Sanders (appellee) against Gulf, Mobile and Ohio Railroad Company (appellant) claiming damages for personal injuries received when he rode his motorcycle into the side of the Pullman car of appellant's train in the Town of Gordo, Alabama. The complaint consisted of seven counts each for simple negligence. The plea of appellant was in short by consent. Trial resulted in a verdict and judgment for plaintiff. Hence this appeal.

Gordo, Alabama, is a small town. The plaintiff entered Main Street from which point going south it is three blocks to where Main Street intersects the tracks of appellant where the accident occurred. At this crossing there are three sets of tracks located within a few feet of each other, the middle track being the main line of appellant's railroad and on which its passenger trains run. The tracks at this point run east and west and Main Street runs north and south. Appellant's station grounds adjoin this crossing and the depot is west of the crossing, its east end being about 40 or 50 feet from the crossing. Main Street is about 64 feet wide north of the crossing and the paved portion thereof about 22 feet wide south of the crossing. The tracks and depot of appellant had been at this same place for over 21 years. Between the main line and the track farthest south appellant had a signal light, the purpose of which was to indicate the coming of a train to the station. It is so constructed that a train coming west into Gordo would start the light working and the bell ringing 1/2 mile away. These signals would thus continue until the rear trucks of the last car passed a point 10 feet east of the crossing. When it passed that point the circuit would be broken and the light and bell would automatically go off.

About 18 feet over the center of Main Street and about 86 1/2 feet north of the center of the main track the town of Gordo had a street light. This street light was burning at the time of the accident. There is a slight dip in the street south of this street light and near the crossing. On the night of December 17, 1948 about 6;45 p. m. appellant's passenger train of three cars and an engine arrived at the station in Gordo and stopped at the usual stopping place. The last car was a maroon colored Pullman car. It stood on the crossing with its rear end about 3 feet west of and past the signal light.

Kenneth R. Sanders riding a motorcycle with good lights and brakes was going south on Main Street at a speed of 20 to 25 miles per hour when he passed the street light. At the time he saw the train he reduced his speed to 15 miles per hour and ran his motorcycle into the side of appellant's Pullman car. It is undisputed that he did not stop, look and listen before going into the side of the Pullman car.

The visibility at the crossing was bad. It was misty, rainy and foggy. It had been raining practically all day. Tendencies of evidence showed that no lights were burning on the Pullman car, that the signal light was off, that the whistle was not blowing or the bell ringing and there was no brakeman to warn appellee of the train.

The appellee testified that as he approached the crossing he knew...