Bessierre v. Ala. City G. & A. R. R.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Leonie Bessierre, as administratrix, etc., against the Alabama City, Gadsden & Attalla Railway Company. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Leonie Bessierre, as administratrix, etc., against the Alabama City, Gadsden & Attalla Railway Company. Judgment for defendant, and plaintiff appeals. Count 1 is as follows: “Plaintiff claims of defendant the sum of $25,000 as damages for that, heretofore, to wit, the defendant was engaged in operating an electrie street railway in the city of Gadsden, Ala., and the plaintiff avers that on said date, at or near a place commonly known as Brown’s crossing or Brown’s station, in said city of Gadsden, the defendant so…
1Opinion of the CourtMayfield, J.
This action is brought under the homicide statute to recover damages for the wrongful death of plaintiff’s intestate. Intestate was dead when first found. So far as the record discloses, no one sayv the killing, and none testified as to the agency which killed intestate. His body, Avhen found, Avas lying about eight feet from the defendant’s street car track at a road crossing which made a small fill on the car line. This crossing was used by the defendant as a stopping place for taking on and discharging passengers, when signaled or notified to stop, by passengers or by those desiring to…
2Cases cited15 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. PearsonSupreme Court of Alabama · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Shapiro v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2011
- Anderson v. RobinsonSupreme Court of Alabama · 1913
- Harrison v. BakerSupreme Court of Alabama · 1954
- Mobile City Lines, Inc. v. AlexanderSupreme Court of Alabama · 1947
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
26 more not listed; retrieve them via the Exa API.