Southern Railway Co. v. Reeder
Supreme Court of Alabama
Action for Damages for Injury to Steamboat. Appeal, from Lauderdale Circuit Court. Heard before Hon. Ed B. Almon. Action by John T. Reeder against the Southern Railway Company for damages to plaintiff’s steamboat. From a judgment for plaintiff, defendant appeals.
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Action for Damages for Injury to Steamboat. Appeal, from Lauderdale Circuit Court. Heard before Hon. Ed B. Almon. Action by John T. Reeder against the Southern Railway Company for damages to plaintiff’s steamboat. From a judgment for plaintiff, defendant appeals. It is .alleged that the boat was injured by coming in contact with appellant’s drawbridge at Decatur, where the same spans the Tennessee river, a navigable stream, and the negligence is predicated upon a failure to open the draw on proper signal. The pleas were the general issue and contributory negligence. The facts' are…
1Opinion of the CourtMcCLELLAN, J.
A drawbridge, constructed and maintained under and according to proper authority over navigable waters, is not an unlawful obstruction to navigation; but the owner of the bridge rests under the duty and obligation to provide for the safe and prompt passage of vessels through the draw. Reasonable care and diligence in the use and control of the bridge is required of those in whose custody it is; and the want of such care and diligence in the performance or omission to perform the duty stated and assumed carries liability for proximatelv resulting injuries.— Sections 3445 and 3446, Code 1896,…
2Cases cited8 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Williamson v. BarrettSupreme Court of the United States · 1852
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. PearsonSupreme Court of Alabama · 1892
- Richmond & Danville Railroad v. HammondSupreme Court of Alabama · 1890
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3Cited by16 opinions
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