Memphis & Charleston Railroad v. Martin
Supreme Court of Alabama
Appeal from tlie Circuit Court of Madison. Tried before the Hon. H. O. Speake. This action was brought by the appellee, George B. Martin, as the administrator of the estate of Nancy Martin, deceased, against the appellnat, the Memphis & Charleston Railroad Company, to recover damages for the alleged negligent killing by the defendant of the plaintiff’s intestate, the damages sued for, as fixed in the complaint being $30,000. The counts of the complaint and the averments of…
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Appeal from tlie Circuit Court of Madison. Tried before the Hon. H. O. Speake. This action was brought by the appellee, George B. Martin, as the administrator of the estate of Nancy Martin, deceased, against the appellnat, the Memphis & Charleston Railroad Company, to recover damages for the alleged negligent killing by the defendant of the plaintiff’s intestate, the damages sued for, as fixed in the complaint being $30,000. The counts of the complaint and the averments of negligence contained therein on the trial of the casie from which the present appeal is prosecuted are sufficiently…
1Opinion of the CourtMcCLELLAN, C. J.
When this case came on for the trial from the judgment in which this appeal is prosecuted, the complaint contained eight counts. Of these counts, 2 and 6 charged the reckless and wanton killing of plaintiff’s intestate by the employes of the defendant. Other counts ascribed the death of the intestate to the negligence of defendant’s servants in the operation of a locomotive and train of cars. The defendant “for plea and answer to the complaint as a whole, and to each count thereof separately,” filed pleas 1, 2, 3, 4 and 5. Plea 1 is the general issue. Pleas 2 and 3 are pleas *276of contributory…
2Cases cited28 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
23 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Godfrey v. VinsonSupreme Court of Alabama · 1926
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Indianapolis Street Railway Co. v. SchmidtIndiana Court of Appeals · 1904
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
21 more not listed; retrieve them via the Exa API.