Ala. Great Southern Ry. Co. v. Guest
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Heard before Hon. J. A. Bilbro. This was an action by Guest as the administrator of the estate of Dean for damages for the death of Dean alleged to have been caused by the negligence of defendant’s servants. The issues were joined on counts 2, 3, G, 7, and 8. The third count proceeds on the theory that defendants agents or servants while operating a freight train in DeKalb County uncoupled it in the town of Ft.
Read the full summary
Appeal from DeKalb Circuit Court. Heard before Hon. J. A. Bilbro. This was an action by Guest as the administrator of the estate of Dean for damages for the death of Dean alleged to have been caused by the negligence of defendant’s servants. The issues were joined on counts 2, 3, G, 7, and 8. The third count proceeds on the theory that defendants agents or servants while operating a freight train in DeKalb County uncoupled it in the town of Ft. Payne leaving two cars and a caboose to run down the main line without any engine attached to it and after discovering plaintiff’s intestate’s peril,…
1Opinion of the CourtDowdell, J.
On the former appeal in this case (Alabama Great Southern Railroad Co. v. Guest, Administrator, 136 Ala. 348, 34 South. 968) the principles of the law applicable to the case under the issues on which it was last tried were then very fully stated. There is no substantia] difference in the facts now and then. The law as there stated, in the opinion of Haralson, J., applies with equal force and pertinency here. The case was tried on the counts in the complaint counting on willful or intentional misconduct on the part of the defendant’s servants or agents, or that which is in law the equivalent…
2Cases cited10 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Sheffield Co. v. MortonSupreme Court of Alabama · 1909
- Barbour v. SheborSupreme Court of Alabama · 1912
25 more not listed; retrieve them via the Exa API.