68 So. 56 | Ala. | 1915
The plaintiff (appellee) was a crossing flagman where'the defendant’s (appellant’s) ‘line of railway crossed the railway line of the Louisville & Nashville Railroad Company. There was a collision between trains of the two companies, as a result of which a car of coal in the latter mentioned company’s train, which lay over the railroad crossing, was overturned on plaintiff, injuring him.
According to the apt authority of the following decisions, among others, count 4, which the report of the appeal will contain, was subject to the ground of the demurrer taking the objection that the allegation of negligence was merely the conclusion of the pleader. —Neyman v. G. S. R. R. Co., 172 Ala. 606, 55 South. 509, Ann. Cas. 1913E, 232; Sou. Ry. Co. v. Weatherlow, 153 Ala. 171, 44 South. 1019; B. R., L. & P. Co. v. Brown, 150 Ala. 327, 43 South. 342; Woodward Iron Co. v. Finley, 189 Ala. 634, 66 South. 587. The averments of the count only characterizes the act or omission, “causing or permitting a collision,” as willful or wanton, and then describes the effect of the act or omission,
For this error, the judgment must be reversed, and the cause remanded.
Reversed and remanded.