L. & N. R. R. v. Calvert
Supreme Court of Alabama
Grossing Accident. Appear from Blount Circuit Court. Heard before Hon. John W. Inzer. • Action by Jasper Calvert, as administrator, against tbe Louisville & Nashville Railroad Company. Judgment for defendant, and plaintiff appeals.
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Grossing Accident. Appear from Blount Circuit Court. Heard before Hon. John W. Inzer. • Action by Jasper Calvert, as administrator, against tbe Louisville & Nashville Railroad Company. Judgment for defendant, and plaintiff appeals. Tbe first count was in simple negligence, and charged that the servants or agents .in charge of the train so negligently and carelessly conducted themselves in and about the management of said engine and train that the said engine was caused to run upon or against the plaintiff’s intestate at said public road crossing, as a proximate consequence of which…
1Opinion of the CourtAnderson, J.
Count 2, as amended, was sufficient as a subsequent negligence charge, and the point upon which this court divided as to count 2 in the case of L. & N. R. R. Co. v. Calvert, 170 Ala. 565, 54 South. 184, was eliminated by the amendment.
The trial court erred in so much of the oral charge as was excepted to by the defendant. If the plaintiff’s intestate was guilty of contributory negligence in being upon the track, the only duty that the defendant owed him was not to willfully or wantonly run over him, or not to negligently run over him after discovering his peril, and contributory negligence is…
2Cases cited5 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- Louisville & Nashville R. R. CalvertSupreme Court of Alabama · 1910
3Cited by55 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Louisville & Nashville R. R. v. LoydSupreme Court of Alabama · 1914
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
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