Louisville N. R. Co. v. Heidtmueller
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by Eddie Heidtmueller, as administrator of tbe estate of Theodore Heidtmueller, against the ’ Louisville & Nashville Railroad Company, for damages for the death of his intestate. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by Eddie Heidtmueller, as administrator of tbe estate of Theodore Heidtmueller, against the ’ Louisville & Nashville Railroad Company, for damages for the death of his intestate. Judgment for the plaintiff, and defendant appeals. The ease was originally brought in three counts, but counts 1 and 3 were eliminated, and count 2, which charged wantonness to the engineer of the defendant, one J. D. Jessie, who was then and there acting within the line and scope of his employment. The evidence tended to show that at the point where…
1DissentBrown, J.
This case was submitted to the jury under count A charging wantonness on the part of the defendant Jessie, the engineer in charge of and operating the locomotive pulling the defendant’s train.
The evidence shows that the mangled body of plaintiff’s intestate, a child of 10 years, was found between the rails of the track over which the defendant operated its north-bound passenger trains, an hour or so after train No. 2, fast mail operating between New Orleans and Cincinnati, passed this point. There was physical evidence on the rails tending to show that the child was struck at a point 363 feet…
2Cases cited20 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
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