Legal Opinion

Louisville & Nashville R. R. v. Holland

Supreme Court of Alabama

Decided May 11, 1911Published

Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speak®. Action by W. T. Holland, as administrator, against tbe Louisville & Nashville Railroad Company, for damages for death of his intestate. Judgment for plaintiff, and defendant appeals.

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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speak®. Action by W. T. Holland, as administrator, against tbe Louisville & Nashville Railroad Company, for damages for death of his intestate. Judgment for plaintiff, and defendant appeals. Count I) is as follows: “The plaintiff, W. T. Holland, as administrator of the estate of Ranzy L. Holland, deceased, claims of the defendant, the Louisville & Nashville Railroad Company, a corporation, the sum of $25,000, for this: That, whereas, said defendant was, is now, and had been theretofore on, to wit, the 6th day of March, 1908, engaged…

1Opinion

On Rehearing.

This appeal was submitted May 18, 1910., Assignment of error No. 20 complained of the action of the court in refusing to defendant (appellant) charge D. This was the affirmative charge- for defendant as to count D of the complaint. In the brief filed for appellant upon the original submission, there was, as is conceded for appellant, no insistence whatever upon assignment No. 20. In April, 1911,. appellant’s counsel filed what is denominated as “Additional Brief for Appellant.” It consisted of the statement that “the general charge as to count D of the complaint should have been…

2Cases cited16 opinions

  1. Helton v. Alabama Midland RailroadSupreme Court of Alabama · 1892
  2. Gates v. Baltimore & Ohio Southwestern Railway Co.Indiana Supreme Court · 1900
  3. Choate v. Alabama Great Southern R. R.Supreme Court of Alabama · 1911
  4. Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
  5. Western Railway v. ArnettSupreme Court of Alabama · 1902

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