Legal Opinion

Memphis & Charleston Railroad v. Graham

Supreme Court of Alabama

Decided November 15, 1891PublishedCited by 28 opinions

Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speake. This action was brought by Mrs. Ella P. Graham, widow and administratrix of the estate of her deceased husband, John L. Graham, to recover damages for the wrongful and negligent acts of the defendant railroad corporation and its servants, which, as alleged, caused the death of said Graham while in the defendant’s service as a conductor on one of its trains.

Read the full summary

Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speake. This action was brought by Mrs. Ella P. Graham, widow and administratrix of the estate of her deceased husband, John L. Graham, to recover damages for the wrongful and negligent acts of the defendant railroad corporation and its servants, which, as alleged, caused the death of said Graham while in the defendant’s service as a conductor on one of its trains. The evidence showed that said Graham was a regular freight conductor, but was subject to service as conductor of extra passenger trains; that he had been…

1Opinion of the CourtColeman, J.

— The evidence shows that the plaintiff’s intestate, John L. Graham, whose regular employment was that of freight-car conductor, went between the cars while in motion to uncouple a freight car from a passenger car, and on account of a defective or broken drawhead, or coupling appliance, was crushed and killed. There was a platform to the passenger car next to the freight car, where the uncoupling was to be done. The defense was contributory negligence, and that plaintiff’s intestate came to his death in violation of a rule of defendant, which prohibited employés from going between the cars…

2Cases cited10 opinions

  1. Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
  2. Barlow v. LambertSupreme Court of Alabama · 1856
  3. Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
  4. East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
  5. Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887

5 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GossettIndiana Supreme Court · 1909
  3. Louisville & Nashville Railroad v. PearsonSupreme Court of Alabama · 1892
  4. Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
  5. McDonald v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API