Kinnon v. L. & N. R. R.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Thomas J. Kinnon as administrator, against the Louisville & Nashville Railroad Company for damages for the death of his intestate, Frank Kin-non. Judgment for defendant and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Thomas J. Kinnon as administrator, against the Louisville & Nashville Railroad Company for damages for the death of his intestate, Frank Kin-non. Judgment for defendant and plaintiff appeals. After stating the facts, counsel insist that the cause should have been submitted to the jury for reasonable inferences deducible from the facts that defendant was guilty of negligence, resulting in the death of his intestate, and in support thereof cite authorities, but in view of the opinion it is not deemed necessary to…
1Opinion of the CourtMcCLELLAN, J.
The personal representative of Frank Kinnon, deceased, instituted this action against the appellee for damages for wrongfully causing the death of plaintiff’s intestate.
Under the nomination of “assignment of error No. 1,” this is the assertion made:
“That the court committed manifest error in refusing to submit the cause to- the jury. Under the evidence shown in the bill of exceptions, the question of negligence should have been left to the jury.”
It is insisted in brief for appellee that the quoted matter is insufficient as an assignment of error under rule 1 of Supreme Court practice.-—Code,…
2Cases cited6 opinions
- Robinson v. MurphySupreme Court of Alabama · 1881
- Craig & Co. v. Pierson Lumber Co.Supreme Court of Alabama · 1910
- Western Ry. v. RussellSupreme Court of Alabama · 1905
- National Fertilizer Co. v. HollandSupreme Court of Alabama · 1894
- Fitts v. Phœnix Auction Co.Supreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Congress of Industrial Organizations v. McAdorySupreme Court of the United States · 1945
- Wetzel v. HobbsSupreme Court of Alabama · 1947
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- National Ass'n for the Advancement of Colored People v. StateSupreme Court of Alabama · 1963
- Ogburn-Griffin Gro. Co. v. Orient InsuranceSupreme Court of Alabama · 1914
44 more not listed; retrieve them via the Exa API.