Naugher v. Louisville N. R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Robt. C. Briekell, Judge. Action by Maggie J. Naugher, as administratrix of the estate of Joseph A. Naugher, against the Louisville & Nashville Railroad Company, for damage for the death of her intestate. Judgment for the defendant, and plaintiff appeals.
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Appeal from Circuit Court, Morgan County; Robt. C. Briekell, Judge. Action by Maggie J. Naugher, as administratrix of the estate of Joseph A. Naugher, against the Louisville & Nashville Railroad Company, for damage for the death of her intestate. Judgment for the defendant, and plaintiff appeals. The following are counts C and E; Count C. Plaintiff claims of the defendant the sum of $20,000, for that on or about the 6th day of February, 1917, plaintiff’s intestate was engaged in the service and employment of the defendant in its shops in Albany, Ala., as a car repairer, .and while engaged in…
1Opinion of the CourtMcCLELLAN, J.
This is the second appeal of this cause, reversal having been the judgment here. L. & N. v. Naugher, 203 Ala. 557, 84 South. 262. The report on former appeal renders unnecessary any elaborate recital of the state of the pleadings, as well as the circumstances attending the death of plaintiff’s (appellant’s) intestate while in the employ of the defendant (appellee). It appears from the report' that on former appeal the court was not favored with brief for the plaintiff, then appellee; and the application for rehearing was stricken.
Upon return of the cause to the trial court, plaintiff amended…
2Cases cited3 opinions
- Louisville & N. R. Co. v. NaugherSupreme Court of Alabama · 1919
- Alabama, T. N. R. Co. v. HugginsSupreme Court of Alabama · 1920
- Northern Alabama Railway Co. v. KeySupreme Court of Alabama · 1907
3Cited by3 opinions
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- Murray v. Bessemer Lumber Co.Supreme Court of Alabama · 1925
- Riddle v. FranklinSupreme Court of Alabama · 1973