Louisville & Nashville Railroad v. Young
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. Osceola Kyle. Action by Roberta G. Young, administratrix, against the Louisville & Nashville Railroad Company. Judgment for plaintiff. Defendant appeals. For the facts in this case see L. & N. R. R. Co. v. Banks, 132 Ala. 471, 31 South. 573. The demurrers to count 3 as amended and to count A should have been sustained. — L. & N. B. B. Co. v. Crawford, 89 Ala. 240; Gothard v. A. G. 8. B. B..
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Appeal from Morgan Circuit Court. Heard before Hon. Osceola Kyle. Action by Roberta G. Young, administratrix, against the Louisville & Nashville Railroad Company. Judgment for plaintiff. Defendant appeals. For the facts in this case see L. & N. R. R. Co. v. Banks, 132 Ala. 471, 31 South. 573. The demurrers to count 3 as amended and to count A should have been sustained. — L. & N. B. B. Co. v. Crawford, 89 Ala. 240; Gothard v. A. G. 8. B. B.. Go., 67 Ala. 114; Glass v. M. & O. B. B. Go., 94 Ala. 481; L. J N. B. B. Go. v. Lee, 136 Ala. 182; Southern By. Go. v. Bunt, 131 Ala. 595; Perkins v.…
1Opinion of the CourtMcCELLLAN, J.
— The salient facts of this case may be found set forth in L. & N. R. R. Go. v. Bcmhs, Adm’r, 132 Ala. 471, 31 South. 573. It was then ruled that the complaint charged simple negligence only, and on the succeeding trial below it does not appear to have been altered in that respect. Since Lawrence, the intestate, was palpably guilty of initial negligence in heedlessly stepping on the track in front of the approaching engine (we include the attached tender in the term), the only theory on which plaintiff could recover was that afforded by the asserted subsequent negligence of Engineer McDermott…
2Cases cited13 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Young v. Southern Pacific Co.California Supreme Court · 1922
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
48 more not listed; retrieve them via the Exa API.