Northern Alabama Railway Co. v. Guttery
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by W. L. Guttery, as administrator of Baxter Guttery, deceased, against tbe Northern Alabama Railway Company for damages under the homicide statute for the death of decedent. From a judgment for plaintiff, defendant appeals.
Read the full summary
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by W. L. Guttery, as administrator of Baxter Guttery, deceased, against tbe Northern Alabama Railway Company for damages under the homicide statute for the death of decedent. From a judgment for plaintiff, defendant appeals. The following aré the counts referred to in the opinion: “(5) The plaintiff * * * claims of defendant * * * the sum of * * * as damages for that heretofore, to wit, on March 10, 1912, defendant was engaged in operating a line of railroads in and through the city of Jasper * * * and that defendant…
1Opinion of the CourtMcCLELLAN, J.
Action for damages, under the homicide statute (Code, § 2486), for wrongfully causing the death of appellee’s intestate, Baxter Guttery. The case was submitted to the jury upon the issues initiated by counts 5 and 6 as amended. They will be set out in the report of the appeal. The former attributes’ intestate’s death to willful or wanton misconduct on the part of servants or employees in charge of a train operated over defendant’s (appellant’s) railway, and the latter, to negligence of such servant’s or employees after the discovery of intestate’s peril from injury by the approaching engine…
2Cases cited14 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Railroad Co. v. BrownSupreme Court of the United States · 1873
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Breed v. Atlanta, B. C. R. Co.Supreme Court of Alabama · 1941
- Grauer v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1923
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Southern Ry. Co. v. GanttSupreme Court of Alabama · 1923
- Ex Parte Alabama Public Service CommissionSupreme Court of Alabama · 1958
10 more not listed; retrieve them via the Exa API.