Alabama Great Southern Ry. Co. v. Smith
Supreme Court of Alabama
Appeal from Birmingham City Court. . Heard before Hon. A. H. Alston. Action by Mrs. Mary M. Smith, as administratrix, against the Alabama Great Southern Railroad Company, for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear from the opinion.
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Appeal from Birmingham City Court. . Heard before Hon. A. H. Alston. Action by Mrs. Mary M. Smith, as administratrix, against the Alabama Great Southern Railroad Company, for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear from the opinion. The complaint avers that defendant was operating a line of railroad across and on grade with a public highway in the city of Birmingham, and while plaintiff’s intestate was upon said highway at a point near Beverly station in said city, said train ran upon or against him, and so injured…
1Opinion of the CourtSayre, J.
Appellee’s decedent was killed by defendant’s train about half past 4 on April 21, 1914, at the Beverly crossing. The place in question was in one of the outer districts of the city of Birmingham, where there were only a few buildings scattered around, but it was where Jefferson street, sometimes referred to as the old Tuskaloosa Road, the main thoroughfare between Birmingham and Bessemer, crossed defendant’s main line at grade, and the evidence goes to show that it was a crossing much used by persons passing on foot and in vehicles. On the trial of plaintiff’s (appellee’s) suit, brought…
2Cases cited8 opinions
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
- Carlisle v. Alabama Great Southern RailwaySupreme Court of Alabama · 1909
- Louisville & Nashville R. R. v. JonesSupreme Court of Alabama · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
- Sington v. Birmingham Ry., Light & Power Co.Supreme Court of Alabama · 1917
- Fayet v. St. Louis S. F. R. Co.Supreme Court of Alabama · 1919
- Lambert v. Southern Ry. Co.Supreme Court of Alabama · 1926
- Central of Georgia Ry. Co. v. MooreSupreme Court of Alabama · 1917
8 more not listed; retrieve them via the Exa API.