Harris v. Nashville C. & St. Louis R. R.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Personal injury action by Annie Bell Harris, by next friend, against the Nashville, Chattanooga & St. Louis Railway. From a judgment for defendant, plaintiff appeals. Under the evidence the plaintiff was not chargeable with contributory negligence. — 4 Mayf.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Personal injury action by Annie Bell Harris, by next friend, against the Nashville, Chattanooga & St. Louis Railway. From a judgment for defendant, plaintiff appeals. Under the evidence the plaintiff was not chargeable with contributory negligence. — 4 Mayf. Dig. 310. Section 3440, Code 1896, requires that the engineer reverse his engine, and other things mentioned therein, else he is guilty of negligence. — G. of Ga. Ry. Go. v. Foshee, -125 Ala. 218. The word reverse is used in the statute and means more than was done by…
1DissentMcCLELLAN, J.
The injury complained of was that of an 18 months’ old child at a public road crossing. The pleadings, as well as the material facts, aside from the exception to be noted, are set forth in the report of the former appeal. — N., C. & St. L. Ry. v. Harris, 142 Ala. 249, 87 South. 794, 110 Am. St. Rep. 29. The exception referred to is that, on the first trial, *147the enginemen testified that, when they discovered the perilous situation of the child, the engine was reversed, the brakes applied, and the track sanded, and all in their power was done in an effort to stop the train and avert the injury;…
2Cases cited22 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Choice v. StateSupreme Court of Georgia · 1860
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
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