66 So. 697 | Ala. | 1914
The evidence of the plaintiff in this case is short, and the reporter will set it out.
Iu the case of Louisville & Nashville Railroad Co. v. Loyd, supra, this court said: “The rules of law governing those who are in control of locomotives, with reference to the manner in which they shall operate and control such locomotives when approaching public crossings and in passing through densely populated portions of cities and towns, and the rules of law governing individuals who use such crossings and who go upon the tracks of railroads at such places, are not only rules of liability, but are rules in the interest of human life, and railroad companies and individuals are equally bound to observe those laws. Every member of the public and railroads have mutual rights and owe to each other mutual obligations in the use of public crossings.”
The evidence in this case, as it exists in the present bill of exceptions, shows that the plaintiff and the defendant have each violated a wise rule of the law, and that they are equally at fault under the law. The plaintiff therefoi*e stands helpless before the law.
The defendant was, under the evidence shown by this record, entitled to affirmative instructions in its behalf. The judgment of the trial court is therefore reversed, and the cause is remanded to the court below for further proceedings.
Reversed and remanded.