Southern Ry. Co. v. Gullatt
Supreme Court of Alabama
Appeal from -Jackson Circuit Court. I-Ieard before Hon. W. W. Haralson. Action by Samuel Gullatt, as administrator, against the Southern Railway Company. From a judgment for plaintiff, defendant appealed. The following charges were refused to the defendant: (1) and (2) Affirmative charges as to the second count.
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Appeal from -Jackson Circuit Court. I-Ieard before Hon. W. W. Haralson. Action by Samuel Gullatt, as administrator, against the Southern Railway Company. From a judgment for plaintiff, defendant appealed. The following charges were refused to the defendant: (1) and (2) Affirmative charges as to the second count. “(3) No inference can be drawn prejudicial to the defense in this case by reason of the fact that the engineer was not introduced and examined as a witness in the cause by "the defendant. (4) The jury would not be authorized to infer, from all the testimony in this case, that the…
1Opinion of the CourtMcCLELLAN, J.
The report of this case on former appeal may be found in 150 Ala. 318, 43 South. 577. The second count of the complaint, upon which the trial *505was liad, ascribes the negligence to liability to the operatives of the train by which Kirby was killed, in that, after discovery of his peril, proper care and diligence was not exercised to avert the,injury to him. The particular averment is “that the agents and servants of the defendant then and there in the control and management of said train saw the peril of the plaintiff’s intestate, and after the discovery of said peril” the train was negligently…
2Cases cited2 opinions
- Southern Ry. Co. v. GullattSupreme Court of Alabama · 1907
- Tennessee Coal, Iron & Railroad v. HansfordSupreme Court of Alabama · 1899
3Cited by20 opinions
- Fuller v. StateSupreme Court of Alabama · 1959
- Smith v. BachusSupreme Court of Alabama · 1915
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- St. Louis S. F. R. Co. v. Model LaundrySupreme Court of Oklahoma · 1913
- Louisville & Nashville Railroad v. AbernathySupreme Court of Alabama · 1915
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