Louisville & Nashville Railroad v. Allen's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. Flora A. Allen, as administratrix, to recover damages for the death of her husband, David M. Allen, alleged to have been caused by the negligence and wrongful act of the defendant corporation, its servants and agents; and was commenced on the 1st May, 1884. The plaintiff’s intestate was, at the time of his death, in the employment of the defendant, in the…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. Flora A. Allen, as administratrix, to recover damages for the death of her husband, David M. Allen, alleged to have been caused by the negligence and wrongful act of the defendant corporation, its servants and agents; and was commenced on the 1st May, 1884. The plaintiff’s intestate was, at the time of his death, in the employment of the defendant, in the capacity of car-inspector; and he was killed on the morning of December 2d, 1883, ih the yard of the defendant, while engaged…
1Opinion of the CourtSomerville, J.
The intestate of the plaintiff was accidentally killed, in December, 1883, by the explosion of the boiler of a steam-engine, he being at the time in the employment of the defendant railroad company; and this action is brought to recover damages of the company, for its alleged negligence, as the proximate cause of the injury.
The whole controversy is, in our judgment, reduced to one single issue — that of negligence vel non on the part of the rail-' road company.
*501The defect in the boiler, which was the cause of the explosion, was a latent or secret one, not visible or capable of discovery by the…
2Cases cited8 opinions
- Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
52 more not listed; retrieve them via the Exa API.