Alabama Great Southern Railroad Company V‪.‬

SIMPSON, Justice. The plaintiff recovered a judgment for personal injuries from which the defendant has appealed. Upon the
former appeal of the case it was held that the defendant was entitled to the affirmative charge. Alabama Great So. R. Co.
v. Bishop, 259 Ala. 629, 68 So.2d 530. On the trial below which followed, one count was submitted to the jury charging the defendant with negligently constructing
or maintaining a public railroad crossing in allowing a crevice to exist between the tracks and a cross-tie or timber parallel
therewith and adjacent thereto. As a proximate consequence thereof the complainant alleged that, while crossing the tracks,
plaintiff's foot was caught in the crevice and he was caused to fall, and while his foot was so caught the train ran over
it.