Louisville & Nashville Railroad v. Stutts
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale, Tried before the Hon. H. C. Speaks. The appellee, George W. Stutts, as administrator of the estate of Thomas Lloyd, deceased, brought this action against the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate.
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Appeal from the Circuit Court of Lauderdale, Tried before the Hon. H. C. Speaks. The appellee, George W. Stutts, as administrator of the estate of Thomas Lloyd, deceased, brought this action against the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate. The complaint contained 11 counts, which charged in various forms negligence on the part of the defendant, in that the railroad had been carelessly, defectively and dangerously built, and was, at the time of the disaster in which the plaintiff’s intestate was killed, in…
1Opinion of the CourtHaralson, J.
1. It may be fairly inferred from the evidence, that plaintiff’s intestate, Lloyd, was an experienced railroad engineer. He had been running an engine to a freight train for the defendant for two years ; and, for two weeks before his death, had been in charge of the engine and engaged in switching cars on the spur track, where the accident occurred. There is every reason to believe he was well acquainted with the engine he handled, and with the trestle at the end of the track. The trestle was a short and high one, terminating on the brow of a hill, its height, at the end, being some 20 or 30…
2Cases cited8 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Birmingham Railway & Electric Co. v. AllenSupreme Court of Alabama · 1892
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Western Ry. v. RussellSupreme Court of Alabama · 1905
- Alabama Great Southern Railroad v. DavisSupreme Court of Alabama · 1898
- Walker v. ScottSupreme Court of Kansas · 1901
- Postal Telegraph Cable Co. v. HulseySupreme Court of Alabama · 1901
- Southern Cotton Oil Co. v. WalkerSupreme Court of Alabama · 1909
6 more not listed; retrieve them via the Exa API.