Alabama Great Southern Railway Co. v. McFarlin
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Mrs. Alice MeFarlin, administratrix of Reuben W. MeFarlin, deceased, against the Alabama Great Southern Railroad Company, for death of intestate. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion of the court, taken in connection with the dissenting opinion. The following charges were refused to defendant: (1) General charge for the defendant.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Mrs. Alice MeFarlin, administratrix of Reuben W. MeFarlin, deceased, against the Alabama Great Southern Railroad Company, for death of intestate. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion of the court, taken in connection with the dissenting opinion. The following charges were refused to defendant: (1) General charge for the defendant. (3) Affirmative charge for defendant as to the second count. (4) “The court charges the jury that in your sound discretion you may…
1Dissent
MAYFIELD, J.—
(dissenting.) — I cannot concur in either the opinion or the decision of the majority in this case, because I believe both to be contrary to a long line of decisions of this court, and not to be supported by a single one. To my mind the effect of the decision is to entirely destroy the doctrine of variance *649between the allegation and the proof as to actions and matters of negligence. The decision necessarily decides either that there is no variance between an allegation that the defendant wantonly ran an engine over or against plaintiff, and proof that he wantonly backed a box car…
2Cases cited11 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Smith v. CauseySupreme Court of Alabama · 1856
- Central of Georgia Railway Co. v. PartridgeSupreme Court of Alabama · 1902
- Conrad v. GraySupreme Court of Alabama · 1895
- Pryor v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
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