56 So. 599 | Ala. Ct. App. | 1911
The injury complained of resulted from a collision between the defendant’s (appellant here) electric street car and an automobile at a point on defendant’s line between Birmingham and Bessemer where it crossed a public road. The place of the collision- was 6 or 7 miles from Birmingham; the distance between Birmingham and Bessemer by that, line being between 12 and 13 miles. It does not appear from the evidence that the road crossing was within the limits of any village, town, or city. The evidence was in conflict as to what, if any, signals were given by the
On its face section 5473 of the Code imposes duties as. to blowing the whistle or ringing the bell in certain designated situations upon “the engineer, or other person having control of the running of a locomotive on any railroad.” Is the language of that section fairly susceptible of such a construction that its requirments can be regarded as applying also to the mortorman or conductor of a street or interurban electric car?
It is suggested that the reasons which led to the conclusion that the provisions of section 5474 of the Code in reference to the duties of railroad companies whose tracks cross each other at grade apply alike to ordinary steam railroads of the old type, to railroads operated with steam dummy engines, and to street electric railroads, are also sufficient to support the conclusion that ibe provisions of section 5473 are broad enough-in their scope and meaning to be applicable to a person having control of the running of an electric street car. In the case of Birmingham Mineral R. Co. v. Jacobs, 92 Ala. 187, 9 South. 320, 12 L. R. A. 830, it was decided that a railroad using dummy steam engines and operated beyond city limits was a “railroad” within the meaning of that term as used in section 5474, and was subject to the provisions of that section. In the case of Louisville &
Section 5473 of the Code is much more specific in its provisions than section 5474. In the enactment of the former statute the Legislature dealt with the matter of signals to be given and precautions to be observed. It might have undertaken, in addressing itself to that subject, to prescribe regulations which would be applicable to the operation of any vehicle on a railroad by mechanical motive power. But it cannot fairly be said that it did so in the enactment in question. That statute made provision for duties to be performed in the specific case of “the engineer, or other person having control of the running of a locomotive on any railroad.” At the date of the original enactment electricity was not in use as a motive power on railroads, and common usage had adopted the word “locomotive” to designate a steam engine designed and adapted to travel on a railroad. The word still retains that meaning. Century Dictionary. In common usage it is not understood to describe or include an electric street car. To give that import to the word as used in that statute would amount to imputing to the statute a meaning which it does not express. Besides, the regulations prescribed show that the operations referred to were different from those of a modern street or interurban railroad. The words of the statute must be understood as used in reference to the subject-matter in the mind of the Legislature. A statute dealing with the general subject of railroads may apply to a railroad of a different type from that in use at the time of its enactment; but the fact that a statue prescribing duties to be performed in the operation of rail
Of course it is incumbent on one operating a street or interurban railroad to see to it that such signals or warning are given of the approach of one of its .cars to a public road crossing as may reasonably be demanded by all the surrounding conditions, and for negligence in that respect it is liable for injuries proximately resulting; but we cannot assent to the conclusion of the trial court, expressed in its charge to the jury, that the specific 'requirements prescribed by section 5473 of the Code apply to the motorman, or other person having control of the running of an electric street car. It was in error in its rulings to this effect.
Reversed and remanded.