Nashville, Chattanooga & St. Louis Railway Co. v. Harris
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried, before the Hon. J. A. Bilbro. This whs an action brought by the appellee, Annie Belle Harris, suing by her next friend, George T. Harris, against the appellant, The Nashville, Chattanooga & St. Louis Railway Company, for damages for personal injuries sustained by appellee.
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Appeal from the Circuit Court of Marshall. Tried, before the Hon. J. A. Bilbro. This whs an action brought by the appellee, Annie Belle Harris, suing by her next friend, George T. Harris, against the appellant, The Nashville, Chattanooga & St. Louis Railway Company, for damages for personal injuries sustained by appellee. The evidence showed that the plaintiff, who was a little child nineteen months old, was struck by' an engine, belonging to plaintiff, at or near a railroad crossing. There were only two eye-witnesses to the accident, the engineer and the fireman. They testified that they saw…
1Opinion of the CourtMcCLELLAN, C. J.
We deem it unnecessary to consider whether the first count of the complaint sufficiently charges willful, wantonness, or the like, since, assuming that it does, we are of opinion that no evidence was adduced on the trial tending to prove such charge. The only eye-witnesses to the occurrence were the fireman and the engineer. They each testified that as soon as the child was seen by them or either of them approaching the track, the track was sanded, the brakes were applied and the engine was reversed — that, in short, everything possible to be done to stop the train before it reached the point…
2Cited by14 opinions
- Harris v. Nashville C. & St. Louis R. R.Supreme Court of Alabama · 1907
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Mobile Light R. Co. v. NicholasSupreme Court of Alabama · 1936
- Atlantic Coast Line R. Co. v. FrenchSupreme Court of Alabama · 1954
- Southern Railway Co. v. DrakeSupreme Court of Alabama · 1910
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