64 So. 187 | Ala. Ct. App. | 1913
This was an action by the appellee to recover damages for injuries to his person and property resulting from a collision in a street in the city of Birmingham between a delivery wagon, which he was driving, and an engine of the defendant, which was being operated across the street. In the several counts of the complaint upon which the case went to the jury
The criticism directed in argument against written charges 1 and 2, given at the request of the plaintiff, is based upon their use of the word “authorized,” the contention being that that word as it was there used imported such a direction or command to the jury as to what they should do in the event stated as to deprive them of the right or discretion to do otherwise. Neither of the charges is fairly subject to such a criticism. Such a statement to the jury as to what they are “authorized” to do in the event of their finding from the evidence the existence of the hypothesized state of facts is an appropriate way of informing them of the extent of their authority or legal power in such event, and does not suggest or indicate that they are bound to go to the limit of their power or authority, or that they are required to reject any testimony which they find to he credible. — Kress, et al. v. Lawrence, 158 Ala. 652, 47 South. 574; Louisville & Nashville R. Co. v. Seale, 160 Ala. 584, 49 South. 323.
Count 7 of the complaint as it was amended averred that the described collision complained of occurred at a crossing in the city of Birmingham at which, under the terms of a city ordinance, which was set out, it was the duty of all persons having charge of locomotives, cars, or trains to bring the same to a full stop before crossing, and when any such locomotive, car, or train
We do not find any reversible error in other rulings of which complaint is made. The questions presented are not such as to call for a discussion of them.
Reversed and remanded.