70 So. 125 | Ala. | 1915
Birmingham Southern R. Co. v. Kendrick, 155 Ala. 352, 46 South. 588, is cited, to sustain the ruling in the court below. But it must be observed that the complaint there stated no case devolving upon the engineer the duty to keep a lookout. On the contrary, plaintiff’s allegation was that he was attempting to pass between the cars of a train standing over a crossing that was merely customary. Nor was the complaint so general as to admit proof of subsequent negligence. On the contrary, the averment was of a specific act of initial negligence, viz., the failure to give warning of the approach of the engine that shoved the cars together, so causing plaintiff’s injury, and the issue of law and fact was thus by the plaintiff’s election narrowed and confined to the single inquiry whether the engineer was in duty bound to
The court committed no error in allowing the testimony of experts as to the best method of stopping the train, or in taking their opinion Avhether, on hypotheses having support in the evidence, the engineer had done everything a competent engineer could do to stop the train. The jury Avere to determine these questions for them
We have found no error in the record for which the judgment should be reversed.
Affirmed.