So. Ry. Co. v. Stewart
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by Adelaide E. Stewart, as administratrix against tbe Southern Railway Company for damages for the death of her intestate by being run over by a train while lying down between the rails. Judgment for plaintiff and defendant appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by Adelaide E. Stewart, as administratrix against tbe Southern Railway Company for damages for the death of her intestate by being run over by a train while lying down between the rails. Judgment for plaintiff and defendant appeals. The former opinions in this case will be found reported in 153 Ala. 133 and 164 Ala. 171. Under these authorities the general charge should have been given for the defendant. Willful or wanton conduct on the part of the engineer cannot be presumed under the circumstances shown in this…
1Opinion of the CourtSomerville, J.
This case is before us on appeal for the third time. — Southern Ry. Co. v. Stewart, Adm’x, 153 Ala. 133, 45 South. 51; s. c., 164 Ala. 171, 51 South. 324.
On the third trial the case went to the jury on a single count — the sixth — which is as follows: “The defendant on or about April 30, 1905, was engaged in operating a railroad in this county and running trains thereon for the transportation of passengers and freight; that near Fackler, in this county, said railroad crossed a road which was' at the time and had been for a number of years prior thereto used by the public in crossing said…
2Cases cited30 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Atchison, Topeka & Santa Fe Railway Co. v. BakerSupreme Court of Kansas · 1908
25 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Barry v. Southern Pac. Co.Arizona Supreme Court · 1946
- Ivy v. MarxSupreme Court of Alabama · 1920
- Grauer v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1923
- Louisville & N. R. R. v. WilliamsSupreme Court of Alabama · 1913
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
45 more not listed; retrieve them via the Exa API.