Manley v. Birmingham Ry. L. & P. Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Louise Manley, as administratrix, against the Birmingham Railway, Light & Power Company for the death of her intestate, John T. Manley. Judgment for defendant, and plaintiff appeals. The first count declares on subsequent negligence in that the motorman failed to use all means at his command to prevent the cars from running- against plaintiff’s intestate after becoming aware of his peril.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Louise Manley, as administratrix, against the Birmingham Railway, Light & Power Company for the death of her intestate, John T. Manley. Judgment for defendant, and plaintiff appeals. The first count declares on subsequent negligence in that the motorman failed to use all means at his command to prevent the cars from running- against plaintiff’s intestate after becoming aware of his peril. The second count is for wanton misconduct on the part of the motorman in charge of the operation of the car in that, Avhile…
1Opinion of the Court
ANDERSON, C. J.(1) It is a well-established rule of law, uniformly adhered to by this conrt, that when an agent or servant in control of an engine or car discovers a person in peril upon the track of a railroad, he must resort to all preventive means known to skilled persons engaged in the management and control of trains, engines, cars, etc., to avert injury. After discovering the peril, he must not only resort to all means at hand to stop or check the train or car, but must resort to all other means known to prudent and skilled trainmen to avert the injury, and which would, under some…
2Cases cited5 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Forman v. StateSupreme Court of Alabama · 1914
- Hutcherson v. StateSupreme Court of Alabama · 1909
3Cited by13 opinions
- Central of Georgia Railway Co. v. EllisonSupreme Court of Alabama · 1916
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Bradford v. Birmingham Electric Co.Supreme Court of Alabama · 1933
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- McDaniel v. StateAlabama Court of Appeals · 1924
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