Louisville & Nashville Railroad v. Brown
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. Henry H. Brown, as the administrator of Jas. L. Brown brought this suit to recover damages for the death of his intestate, caused by the negligence of the defendant, the Louisville & Nashville Railroad Co. There was a plea of contributory negligence. The following charge was given at the request of the plaintiff: “B” “The court charges the jury that even if Jas.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. Henry H. Brown, as the administrator of Jas. L. Brown brought this suit to recover damages for the death of his intestate, caused by the negligence of the defendant, the Louisville & Nashville Railroad Co. There was a plea of contributory negligence. The following charge was given at the request of the plaintiff: “B” “The court charges the jury that even if Jas. L. Brown knew of the rule in question and violated it and even if he was guilty of contributory negligence this would constitute no defense to the…
1Opinion of the CourtMcCLELLAN, C. J.
— The complaint originally contained nineteen counts. At the trial 'below all but five counts were stricken out or withdrawn and the trial Avas had upon these five, numbered respectively 9, 11, 15, 16 and 19. They each count upon the Avrong of one McDonald, a fireman, as of a person at the time in the charge and control of an engine. The 9th count avers that plaintiff’s intestate, James L. Brown, “was killed by reason of the fact that while he Avas upon defendant’s track between the tender of the engine and a box car engaged in the performance of his duties as a brakeman in uncoupling said…
2Cases cited13 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Godfrey v. VinsonSupreme Court of Alabama · 1926
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
48 more not listed; retrieve them via the Exa API.