Williams v. Central of Georgia Ry. Co.

• Decision Date: 21 November 1905
• Parties: WILLIAMS v. CENTRAL OF GEORGIA RY. CO.
• Court: Alabama Supreme Court

40 So. 143

146 Ala. 680

WILLIAMS v. CENTRAL OF GEORGIA RY. CO.

Supreme Court of Alabama

November 21, 1905

Rehearing Denied Jan. 30, 1906.

Appeal from City Court of Birmingham; Charles A. Senn, Judge.

"Not officially reported."

Action by E. W. Williams, administrator, against the Central of Georgia Railway Company. From a judgment for defendant plaintiff appeals. Affirmed.

J. C King, for appellant.

London & London, for appellee.

SIMPSON J.

From the bill of exceptions in this case it appears that plaintiff's intestate was, and had been for a year, in the employ of the Louisville & Nashville Railroad Company at a point where two tracks ran within eight or nine feet of each other; that the defendant company used one of these tracks, and came in with its train every day between 12 and 1 o'clock; that a water tank stood between the two tracks and the Louisville & Nashville engines and cars were in the habit of going up the other track daily for water, and said intestate was familiar with the operations of the trains of both companies. On the day of the accident the intestate was under the engine on the track used by the Louisville &amp Nashville Railroad Company, cleaning out the ash pan, and when he had finished came out, and walked down the track on which defendant's train was coming in (or on the cross-ties just outside the rail) with his back to the train, and without looking in the direction of the approaching train. Said train was rolling down grade, without steam, and its speed was reasonably estimated at from 15 to 25 miles per hour. The bell had been ringing for about 100 feet, or possibly 125 feet, and the whistle was blown when the train was 20 or 30 feet from him. As to whether there was any blowing of the whistle or ringing of the bell before that the witnesses do not seem to know. One man hallooed to the intestate, warning him of his danger, but he seemed not to hear him. The track was straight at the place of the accident, and a train or a person could be seen "fully two blocks." The place of the accident was between Twenty-First and Twenty-Second streets, in the city of Birmingham. The engine of the Louisville & Nashville Railroad Company had the blower on, which made a warning noise.

There was no evidence tending to show that the place where the accident occurred was one where people were in the habit of crossing in great numbers, nor was there any evidence tending to show...