Blackmon v. Central of Georgia Railway Co.
Supreme Court of Alabama
Appeal from Dale Circuit Court. Heard before Hon. H. A. Pearce. Action by James H. Blackmon as administrator against the Central of Georgia Railway Company, for the death of his intestate caused by a train striking him while walking along the track of defendant. Judgment for defendant and. plaintiff appeals.
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Appeal from Dale Circuit Court. Heard before Hon. H. A. Pearce. Action by James H. Blackmon as administrator against the Central of Georgia Railway Company, for the death of his intestate caused by a train striking him while walking along the track of defendant. Judgment for defendant and. plaintiff appeals. The complaint was not subject to the demurrers interposed. — 93 Ala. 26; 113 Ala. 640; 117 Ala. 371; 123 Ala. 244; 125 Ala. 202; 153 Ala. 134. Evidence as to the conditions surrounding the point of the injury, and of the knowledge of the trainmen of these conditions was admissible. — 105…
1Opinion of the Court
de GRAFFENRIED, J.
This is the second time this case has been before this court. On the first appeal it was held that, under the facts set out in the bill of exceptions, the defendant, the Central of Georgia Railway Company, was entitled to the general affirmative charge in its favor. It may be said, in a general way, that the plaintiff’s intestate, while walking along the defendant’s roadbed in the direction of Ozark, was struck by a locomotive of the defendant coming from Ozark and sustained injuries from which he died. It may. also be said, in a general way, that, on former appeal, this…
2Cases cited9 opinions
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Central of Georgia Railway Co. v. BlackmonSupreme Court of Alabama · 1910
- Southern Railway Co. v. StewartSupreme Court of Alabama · 1907
- Birmingham Southern Railway Co. v. FoxSupreme Court of Alabama · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Birmingham Electric Co. v. MannSupreme Court of Alabama · 1933
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- Southern Ry. Co. v. GanttSupreme Court of Alabama · 1923
- Local 204 of Textile Workers Union of A. v. RichardsonSupreme Court of Alabama · 1943
- Lovell v. Southern Ry. Co.Supreme Court of Alabama · 1952
10 more not listed; retrieve them via the Exa API.