Birmingham Mineral Railroad v. Jacobs
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by the appellee, Hannah Jacobs, as administratrix of the estate of Peter Jacobs, against the appellant corporation; and sought to recover damages for the alleged negligent killing of her intestate.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by the appellee, Hannah Jacobs, as administratrix of the estate of Peter Jacobs, against the appellant corporation; and sought to recover damages for the alleged negligent killing of her intestate. The injuries which resulted in the death of plaintiff’s intestate, occurred at the crossing of the defendant’s track with the track of the Ensley Railway Company, which latter company is what is known as a dummy railroad. The deceased was the engineer and had charge of the dummy engine of the…
1Opinion of the CourtStone, C. J.
The intestate of plaintiff in the court below, Peter Jacobs, was in charge, as engineer, oí a dummy engine and train of two cars, which was making a trip over the dummy line between Birmingham and Ensley City. The track of that line crosses the track of the appellant corporation, and at the crossing, intestate, while at his post of duty, was struck and killed by a train which was being pushed backward over the track of the Birmingham Mineral Railroad Company. The suit is against the railroad corporation, and charges that the collision and injury resulted from the negligence .of the Birmingham…
2Cases cited5 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Chicago, Burlington & Quincy Railroad v. DicksonIllinois Supreme Court · 1878
- Louisville & Nashville Railroad v. JohnstonSupreme Court of Alabama · 1885
- Ex parte ReynoldsSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. CoultonSupreme Court of Alabama · 1888
3Cited by37 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Martin v. YeohamMissouri Court of Appeals · 1967
- Stringer v. Alabama Mineral RailroadSupreme Court of Alabama · 1892
- Tognazzini v. FreemanCalifornia Court of Appeal · 1912
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