Smith v. Central of Georgia Railway Co.
Supreme Court of Alabama
Injury to Person on Track. Appear from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by J. E. B. Smith, administrator, against the Central of Georgia Railway Company, for damages for causing the death of his intestate.
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Injury to Person on Track. Appear from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by J. E. B. Smith, administrator, against the Central of Georgia Railway Company, for damages for causing the death of his intestate. Judgment for defendant and plaintiff appeals. — Applying the facts of this case to Section 5473, of the Code of 1907, it satisfactorily appears that if the engineer had conformed to the requirements of the statute, the injury could not reasonably have been inflicted. — M. & M. R. R. Go. v. Blakely, 59 Ala. 480; G. of Ga. v. Wood, 129 Ala. 487; L. & N. v.…
1Opinion of the CourtDowdell, C. J.
— This is an action to recover damages for the death of plaintiff’s intestate, resulting from injuries inflicted by the defendant. The case was tried on counts of the complaint, as admitted in argument by counsel on both sides, charging wanton or willful misconduct by the servants or employes of the defendant company.
There are two assignments of error; the first relating to the ruling of the trial court on the defendant’s demurrer to the first count of the complaint as amended. This assignement not being insisted on in argument by counsel, the question raised by it will, under the rule, be…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. MitchellSupreme Court of Alabama · 1901
- Louisville, New Orleans & Texas Railway Co. v. WilliamsMississippi Supreme Court · 1892
3Cited by20 opinions
- Weber v. PinyanCalifornia Supreme Court · 1937
- Helme v. Great Western Milling Co.California Court of Appeal · 1919
- Porter v. HofmanCalifornia Supreme Court · 1938
- Norton v. PuterCalifornia Court of Appeal · 1934
- Parsons v. FullerCalifornia Supreme Court · 1937
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