Stewart v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Wi. E. Clarke. This action was brought by Louis Stewart, Joseph Russelliand others, infants suing by their mother as next friend, as the heirs at law of Challes Russell, deceased, to recover damages for the alleged negligence of the defendant which caused the injuries resulting in his death.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Wi. E. Clarke. This action was brought by Louis Stewart, Joseph Russelliand others, infants suing by their mother as next friend, as the heirs at law of Challes Russell, deceased, to recover damages for the alleged negligence of the defendant which caused the injuries resulting in his death. Said Charles Russell was, at the time of his death, in the employment of the defendant corporation as a brakeman; and he was killed on the night of September 26th, 1886, being struck by the timbers of a bridge while on the top of a freight car…
1Opinion of the CourtStone, C. J.
In the absence of statutes, no one could maintain any action for the injury complained of in this case, followed, as that injury was, by the death of the party injured. Hence, we must consult the statutes, alike for the right of action, and for the manner. of its enforcement. 3 Wood’s Bailway Law, 1530, sec. 409.
In England, and in many of the States, statutes have been enacted, giving a right of action, where death has ensued from the wrongful or negligent act of another, or of a corporation. — Wood’s Bailway Law, sec. 410. A remedy was provided in this State, in cases “when the death of a…
2Cases cited7 opinions
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- Smoot v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1880
- Smith v. PotterMichigan Supreme Court · 1881
- Mobile & Montgomery Railway Co. v. SmithSupreme Court of Alabama · 1877
- Crutchfield v. Richmond & Danville Rail-RoadSupreme Court of North Carolina · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Daily States Pub. Co. v. UhaltSupreme Court of Louisiana · 1930
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
- Cofer v. EnsorSupreme Court of Alabama · 1985
- Lovell v. DeBardelaben Coal & Iron Co.Supreme Court of Alabama · 1890
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