37 Ala. 699 | Ala. | 1861
The objection to the form of the interrogatory, if there be anything in it, came too late. It should have been made at the examination of the witness; for, to hold otherwise, would license parties to experiment, and greatly hinder the ascertainment of truth;- — Kyle v. Bostick, 10 Ala. 589; Sayre v. Durwood, 35 Ala. 251; Towns v. Alford, 2 Ala. 378 ; 3 Bin. 130; 10 S. & R. 63.
The act of 1858, after declaring that it is “ the duty of "the engineer, or other person, having control of the running -of a locomotive on-iany railroad in this State, to blow the whistle, or ring the bell,” and to apply the brakes, and reverse the engine in certain cases, employs the following language : “ That .all-railroad companies, in whose employment said engineers are at the time of any accident occasioned by failure to comply with the provisions of '.the first section of this act, shall be liable for all damage done to persons, stock, or other property, on account of said failure to comply with the requirements of this act, or on account of any negligence whatever on the part of the railroad company or its agents, and in no other case.”
The testimony in this case tends to show, /¿hat-the en
This case is not affected by. the act of the late extra ses» .. sion of .the legislature. — rBamphlet Acts, 37,
Reversed andlremanded.