Alabama Great Southern R. R. v. Guest
Supreme Court of Alabama
Appeal from the ’Circuit Court of DeKalb. Tried before the ITon. James A. Bilbuo. ' This action ivas brought by appellee, J. H. E. Guest, as the administrator of the estate of William Dean, deceased, to recover damages for tbe killing of tbe plaintiff’s intestate by cars operated on tbe defendant’s road. Tbe facts of tbe case are sufficiently set out in tbe opinion.
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Appeal from the ’Circuit Court of DeKalb. Tried before the ITon. James A. Bilbuo. ' This action ivas brought by appellee, J. H. E. Guest, as the administrator of the estate of William Dean, deceased, to recover damages for tbe killing of tbe plaintiff’s intestate by cars operated on tbe defendant’s road. Tbe facts of tbe case are sufficiently set out in tbe opinion. An appeal is taken from the judgment in tbe trial court granting a new trial on motion of tbe plaintiff, and this judgment is assigned as error. — In order to maintain an allegation of willful, wanton or intentional negligence, is…
1Opinion of the CourtItarauson, J.
Issue was joined and the case was tried upon counts 2, 3, 6 and 7, each of which sets up that the injury to plaintiff’s intestate was caused by the willfulness, wantonness or intentional act of defendant’s agents and servants. It is unnecessary to notice the second count, as no question arises on it.
The third count proceeds on the allegation that defendant’s'agents and servants while operating a freight train in DeKalb county uncoupled it in the town of Fort Payne, detaching the engine, leaving two cars and a caboose to run down the main line of trade without an engine attached to them, and…
2Cases cited8 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Birmingham Belt R. Co. v. NelsonSupreme Court of Alabama · 1927
- Grauer v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1923
23 more not listed; retrieve them via the Exa API.