Glass v. Memphis & Charleston Railroad
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. We H. Simpson. This action was brought by Samuel Glass, as the administrator of the estate of his deceased mother, Mrs. Martha Glass, to recover damages for the alleged wrongful and negligent acts of the persons in the employment of the defendant corporation which caused her death; and was commenced on the 22d August, 1889. The main defense was contributory negligence.
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Appeal from the City Court of Decatur. Tried before the Hon. We H. Simpson. This action was brought by Samuel Glass, as the administrator of the estate of his deceased mother, Mrs. Martha Glass, to recover damages for the alleged wrongful and negligent acts of the persons in the employment of the defendant corporation which caused her death; and was commenced on the 22d August, 1889. The main defense was contributory negligence. The evidence showed that Mrs. Glass was run over and killed by one of the defendant’s freight trains, while she' was walking along a trestle which spanned a ravine in…
1Opinion of the CourtMcCLELLAN, J.
1. Whether the spur-track of the Memphis & Charleston Railroad Company was rightfully in what was known as Water street, is not a material inquiry in this case. Railway companies may, and frequently do, acquire-the right to lay their tracks in the streets of towns and cities, and, unless the question is raised in a direct proceeding to oust them of the use for this purpose of the streets, the presumption is, as declared by the City Court, that they are in rightful occupancy thereof.
2. “The mere fact that persons living in the neighborhood of a railroad track have become accustomed to use it…
2Cases cited12 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Central Railroad v. BrinsonSupreme Court of Georgia · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Missouri, Kansas & Texas Railway Co. v. JohnsonTexas Supreme Court · 1898
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
60 more not listed; retrieve them via the Exa API.