# Sloss-Sheffield Steel & Iron Co. v. Willingham

> Supreme Court of Alabama · October 10, 1940 · 240 Ala. 294

URL: https://www.frixlaw.com/law-library/cases/3220398

## Case

- **Full name:** Sloss-Sheffield Steel & Iron Co. v. Willingham
- **Court:** Supreme Court of Alabama
- **Decided:** October 10, 1940
- **Citations:** 240 Ala. 294; 199 So. 28; 1940 Ala. LEXIS 252
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Bouldin, Brown, Foster, Gardner, Knight, Livingston, Thomas
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3220398

## Opinion text

I find nothing in the evidence to warrant an inference that the defendant's servants were guilty of subsequent negligence. In fact it clearly appears from the plaintiff's testimony and the physical facts that the train had passed over the crossing blocking the street while plaintiff's automobile was some distance from the crossing, and there is no evidence that the trainmen discerned its approach until just before the crash. Therefore, conceding that the question of simple, initial negligence was a jury question, nevertheless the evidence is undisputed that the plaintiff failed to stop, look and listen, and to my mind there is nothing in the evidence to excuse him from so doing. His negligence, as a matter of law, proximately contributed to his injury and bars a recovery for such simple, initial negligence. *Page 299

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3220398. Public record. Not legal advice.