McGhee v. Willis
Supreme Court of Alabama
Appeal from the 'Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. • This was a suit brought by the appellee, L. W. Willis, as administrator of J. W. Legg', deceased, against the appellants, C. M. McGhee and Henry Fink as receivers of the Memphis & Charleston Railroad Company, under the employer’s liability'act, to recover for the alleged wrongful killing of plaintiff’s intestate at Stevenson, Ala., on December IB, 1894, it being alleged in the complaint that the…
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Appeal from the 'Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. • This was a suit brought by the appellee, L. W. Willis, as administrator of J. W. Legg', deceased, against the appellants, C. M. McGhee and Henry Fink as receivers of the Memphis & Charleston Railroad Company, under the employer’s liability'act, to recover for the alleged wrongful killing of plaintiff’s intestate at Stevenson, Ala., on December IB, 1894, it being alleged in the complaint that the plaintiff’s intestate was the yard master in the defendant’s employment at that time, and that his death was caused by…
1Opinion of the Court
MoOLELLAN, O. J.
The integrity of plaintiff’s appointment as administrator of Legg eoul’d not be collaterally questioned in this suit on the ground that the decedent was not a resident of and; left no estate in Jackson county, as was attempted to be done by the 4th plea. The demurrer to- the plea was properly sustained.
Tbe 5th plea presented a good defense to the further prosecution of the action against McGhee and Fink, the sole defendants. They were sued as receivers of the Memphis & Charleston Railroad Company for damages occasioned by fatal injuries to plaintiff’s intestate, alleged to'…
2Cases cited5 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Central of Georgia Railway v. LambSupreme Court of Alabama · 1899
- Bond v. StateMississippi Supreme Court · 1891
3Cited by2 opinions
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- O'Leary v. BrentSupreme Court of Arkansas · 1911