Alabama Great Southern Railroad v. Burgess
Supreme Court of Alabama
Appeal from E to wall Circuit Court. • Tried before Hon. J. A. Bilbro. This was an action brought by the appellee, Telly John Burgess, suing by his next friend, against the appellant, the Alabama Great Southern Railroad Company; and sought to recover damages for personal injuries. The cause was tried upon the 2d and 7th counts of the complaint.
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Appeal from E to wall Circuit Court. • Tried before Hon. J. A. Bilbro. This was an action brought by the appellee, Telly John Burgess, suing by his next friend, against the appellant, the Alabama Great Southern Railroad Company; and sought to recover damages for personal injuries. The cause was tried upon the 2d and 7th counts of the complaint. The 2d count charges that the defendant “wantonly and intentionally, through its agents or servants, drove and propelled its engine and train upon and against plaintiff in said county, who was then and there a minor between seven and eight years of…
1Opinion of the CourtMcCLELLAN, J.
The witness, L. F. Burgess, was not shown to know anything about the time or distance within which a train could be stopped under any circumstances or conditions. He should not, therefore, have been allowed to .give his opinion that defendant’s train could have been stopped on the occasion of the injury within a distance of two hundred yards. The error of receiving' this testimony was, however, cured by its subsequent exclusion. And the court’s right and power to thus correct itself cannot be defeated of exercise by the fact that the defendant was forced, in view of this testimony being…
2Cases cited3 opinions
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
- Torrey v. BurneySupreme Court of Alabama · 1896
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
3Cited by16 opinions
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Jones v. KeithSupreme Court of Alabama · 1931
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