Louisville & Nashville Railroad v. Banks
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Tried before Hon. H. C. Speaice. The action was brought by John T. Banks as administrator of the estate of Joe Lawrence, deceased, against the Louisville & Nashville Railroad Company to recover damages for the alleged negligent killing of plaintiff’s intestate, an employe, wlm was run against and killed by an engine; operated on defendant’s road and in charge of engineer, Ben McDermott.
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Appeal from Morgan Circuit Court. Tried before Hon. H. C. Speaice. The action was brought by John T. Banks as administrator of the estate of Joe Lawrence, deceased, against the Louisville & Nashville Railroad Company to recover damages for the alleged negligent killing of plaintiff’s intestate, an employe, wlm was run against and killed by an engine; operated on defendant’s road and in charge of engineer, Ben McDermott. Counts 8, 10, 11 and 12 of the complaint were, in substance, as follows: “Count 8: “Plaintiff claims of t-lie defendant the sum of twenty thousand dollars as damages for the…
1Opinion of the CourtHaralson, J.
— 1. The case though simple as to the real facts, is distressingly cumbered with pleadings, covering some 55 pages of the transcript. Nearly everything attempted was demurred to on both sides, and after all, there was no judgment on any of the demurrers to the counts of the complaint, to- the pleas, or replications. We have a case presented, therefore, where we must ascertain on what definite; issues it was really tried.
2. The real facts stated concisely are, that Lawrence, the. deceased, wa,s an employe in the defendant’s yard at Decatur or New Decatur, whose business it was to make up…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Alabama Mineral Railroad v. JonesSupreme Court of Alabama · 1896
- Birmingham Railway Electric Co. v. PinckardSupreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1898
- Alabama Mineral Railroad v. JonesSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Russell v. BushSupreme Court of Alabama · 1916
- Ala. Great Southern Ry. Co. v. GuestSupreme Court of Alabama · 1905
- Birmingham Ry. L. & P. Co. v. LandrumSupreme Court of Alabama · 1907
- Louisville & Nashville R. R. v. YoungSupreme Court of Alabama · 1910
11 more not listed; retrieve them via the Exa API.