Southern Railway Co. v. Crenshaw
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. 'Speaice. This was an action brought by the appellee, A. J. Crenshaw, as the administrator of the estate of Caroline Turner, deceased, against the Southern Railway Company to recover $1,999 as damages for the killing of the plaintiff’s intestate by one of the trains of the defendant. The complaint as amended contained seven' counts, but the sixth count was subsequently withdrawn by the plain tiff.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. 'Speaice. This was an action brought by the appellee, A. J. Crenshaw, as the administrator of the estate of Caroline Turner, deceased, against the Southern Railway Company to recover $1,999 as damages for the killing of the plaintiff’s intestate by one of the trains of the defendant. The complaint as amended contained seven' counts, but the sixth count was subsequently withdrawn by the plain tiff. The averments of negligence in the remaining counts of' the complaint as amended were as follows: In the first count after…
1Opinion of the CourtSharpe, J.
In such part of a street or public road as may comprise tire bed of a railroad, neither the railroad company nor the public have any exclusive right of occupation. Subject to the duty of being diligent in avoidance of probable danger — a duty which as between them is reciprocal — the public has a right to use the whole of the highway and the railroad company has the privilege of operating its trains. — Elliott on Streets and Roads, §§ 810, 811; Highland Ave. & Belt R. R. Co. v. Robbins, 124 Ala. 113. By averments of the first count and likewise by averments of the second count of this…
2Cases cited9 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Southern Railway Co. v. DeckerCourt of Appeals of Georgia · 1908
- Continental Casualty Co. v. OgburnSupreme Court of Alabama · 1914
- Louisville N. R. Co. v. DavisSupreme Court of Alabama · 1938
- Central of Ga. Ry. Co. v. ChambersSupreme Court of Alabama · 1912
7 more not listed; retrieve them via the Exa API.