Illinois Cent. R. Co. v. Camp
Decision Date | 05 April 1917 |
Docket Number | 6 Div. 440 |
Parties | ILLINOIS CENT. R. CO. v. CAMP. |
Court | Alabama Supreme Court |
Rehearing Denied May 17, 1917
Appeal from City Court of Birmingham; John C. Pugh, Judge.
Action by Mrs. Pruie Camp against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals. Affirmed.
Percy Benners & Burr, of Birmingham, for appellant.
Beddow & Oberdorfer, of Birmingham, for appellee.
Plaintiff's automobile truck was injured in a collision between the truck and a passenger train of the defendant, at a public crossing in the city of Birmingham. Defendant's said train was proceeding easterly, along a street in said city known as "Twenty-Third avenue," while plaintiff's truck which collided therewith was proceeding southerly, along an intersecting street known as "Twenty-Sixth street." A street car track of the Birmingham Railway, Light & Power Company was laid along Twenty-Sixth street, and the plaintiff's truck was moving along this street, to the driver's right of said street car track, when the collision occurred.
There was the usual conflict in the evidence as to whether or not signals were given for the crossing, and as to whether or not the driver of the truck stopped, looked, and listened, before attempting to cross defendant's tracks. Thus was presented a question of fact for the jury. Amerson v Corona Coal & Iron Co., 194 Ala. 175, 69 So. 601; Corona Coal & Iron Co. v. Amerson, 75 So. 289; Crandall-Pettee Co. v. Jebeles Co., 195 Ala. 152, 69 So. 964.
Plaintiff sought to avail herself of the provisions of an ordinance of the city of Birmingham, which is as follows:
--and of the provisions of section 5474 of the Code, 1907, as follows:
"When the tracks of two railroads cross each other at grade, engineers and conductors must cause the trains of which they are in charge to come to a full stop within one hundred feet of such crossing, and not proceed until they know the way to be clear, the train on the railroad having the older right of way being entitled to cross first; but the provisions of this section shall not be applicable where crossings of such roads are regulated by interlocking crossing or derailing switches, or other safety appliances of like kind to prevent collisions at crossings, nor where a flagman or watchman is stationed at such crossings, and such flagman or watchman signals that the trains may cross in safety."
Defe...
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