DocketNumber: 6 Div. 841.
Citation Numbers: 82 So. 96, 203 Ala. 82
Judges: MAYFIELD, J.
Filed Date: 1/16/1919
Status: Precedential
Modified Date: 1/11/2023
I dissent from the holding of the majority in this case, and think that the trial court erred in refusing the general charged requested by the defendant. The undisputed evidence shows that the plaintiff was thoroughly familiar with conditions, that he passed up and down under the crossbar or obstruction for five or six days, and that his failure to duck or lower himself so as to avoid being hit by same was due to forgetfulness, inadvertence, or inattention, and which constitutes contributory negligence. In my opinion, the holding of the majority is in direct conflict with the case of Wood v. R. D. R. R. Co.,
McCLELLAN and SAYRE, JJ., concur in this dissent.