Louisville & Nashville Railroad v. Pearson
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before Hoñ. W. W. Wilkerson. This action was brought by B. S. Pearson as administrator of Charles Creecy, deceased, against the Louisville & Nashville R. R.'Co. to recover damages for negligently causing the death of a brakeman in the employment of the defendant. There was a verdict for $5,000. for the plaintiff.
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Appeal from City Court of Birmingham. Tried before Hoñ. W. W. Wilkerson. This action was brought by B. S. Pearson as administrator of Charles Creecy, deceased, against the Louisville & Nashville R. R.'Co. to recover damages for negligently causing the death of a brakeman in the employment of the defendant. There was a verdict for $5,000. for the plaintiff. The complaint, as amended, alleged that the death of the intestate was caused “by the negligence of the defendant company, in using and operating an old, dilapidated car or gondola; that the hand-hold or hand-holds on said car were in a…
1Opinion of the CourtColeman, J.
— The complaint as amended presented a good cause of action and the demurrer to it was properly overruled. Declarations of plaintiff’s intestate were admitted in evidence against the objection of the defendant. The admission of this evidence is assigned as error. It is claimed that these declarations were properly admitted as a part of *214the res gestae. There is evidence tending to show that as plaintiff’s intestate attempted to ascend to the top of a moving car the “hand hold” by which he endeavored to pull hinself up gave way, and he was precipitated in front of the car, and was run over and…
2Cases cited4 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
- Richmond & Danville Railroad v. HammondSupreme Court of Alabama · 1890
3Cited by45 opinions
- State v. BischertMontana Supreme Court · 1957
- Johnson v. StateSupreme Court of Alabama · 1893
- Peterson v. StateSupreme Court of Alabama · 1933
- Rollings v. StateSupreme Court of Alabama · 1909
- Pollard v. RogersSupreme Court of Alabama · 1937
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