Martin v. Union Spring's & Northern Railway Co.
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Heard Before Hon. A. A. Evans. Action by Cora Martin as administratrix, against the Union Springs & Northern Railroad Company, for the death of her intestate, while walking along the side of defendant’s track. Judgment sustaining demurrer to the complaint and plaintiff appeals.
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Appeal from Bullock Circuit Court. Heard Before Hon. A. A. Evans. Action by Cora Martin as administratrix, against the Union Springs & Northern Railroad Company, for the death of her intestate, while walking along the side of defendant’s track. Judgment sustaining demurrer to the complaint and plaintiff appeals. The court erred in sustaining the demurrers to the complaint. — Haley v. K. G. M. & B., 113 Ala. 610; Southern Ry. v. Grenshcm, 136 Ala. 573; G. of Ga. v. Hyatt, 151 ■Ala. 355; M. & G. v. Martin, 117 Ala. 367. — The court properly sustained the demurrers to the complaint, as they were…
1Opinion of the CourtSayre, J.
— This appeal brings into review the judgment of the court beloAV sustaining demurrers tO' all counts of the complaint except the eighth, which Avas *217withdrawn. In counts 1, 2, 3, 4, 5, 9, and 10, it either distinctly appears, or the manner of allegation is such that it must be inferred, that plaintiff’s intestate was killed by defendant’s locomotive while walking along defendant’s track, or along a path so close to the track as to be killed by the locomotive in its usual operation, in the town of Union Springs, at a point not in a street nor at a street crossing.' Thus it appears in these…
2Cases cited7 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
- Louisville & Nashville Railroad v. MitchellSupreme Court of Alabama · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bessierre v. Ala. City G. & A. R. R.Supreme Court of Alabama · 1912
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
- Callaway v. GriffinSupreme Court of Alabama · 1944
- Western Railway v. TurrentineSupreme Court of Alabama · 1916
5 more not listed; retrieve them via the Exa API.