Woodward Iron Co. v. Herndon
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before tlie Hon. James J. Banks. This was an action brought by the appellee, Thomas H. Herndon, as the administrator of the estate of J. V. Neal, deceased, against the appellant, the Woodward Iron Company; and sought to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint contained many counts.
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Appeal from the Circuit Court of Jefferson. Tried before tlie Hon. James J. Banks. This was an action brought by the appellee, Thomas H. Herndon, as the administrator of the estate of J. V. Neal, deceased, against the appellant, the Woodward Iron Company; and sought to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint contained many counts. In some of the counts the negligence 'complained of was that of the engineer in charge of a switch engine operated in the yard of the defendant, in failing to ring his bell or blow his whistle as said engine, which…
1Opinion of the CourtMcCLELLAN, C. J.
Tbe law applicable to this case, -as now presented, is, in tbe main, sufficiently •stated in the opinion oí this court on tbe former appeal. Woodward Iron Co. v. Herndon, 114 Ala. 191. On that appeal we held that charge f, refused t-o- defendant, should have been given. That charge, as number 21, *373was requested on tlie last tidal, and again refused. The ebarge is as follows: “If the jury believe from the evidence that, on the day the plaintiff’s intestate received his injuries, the smoke on along' and by the coke ovens was so thick that the track opposite the u pper half of the coke ovens…
2Cases cited1 opinion
- Woodward Iron Co. v. HerndonSupreme Court of Alabama · 1896
3Cited by10 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Mutual Loan Soc., Inc. v. StoweAlabama Court of Appeals · 1916
- Turner v. ThorntonSupreme Court of Alabama · 1915
- Hester v. CantrellSupreme Court of Alabama · 1910
- Most Worshipful Grand Lodge of Ancient Free & Accepted Masons of Alabama v. CallierSupreme Court of Alabama · 1932
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