Louisville & Nashville R. R. v. Holland
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Action by W. T. Holland, as administrator, against the Louisville & Nashville Railroad Company. Plaintiff had judgment, and defendant appeals.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Action by W. T. Holland, as administrator, against the Louisville & Nashville Railroad Company. Plaintiff had judgment, and defendant appeals. Th'e complaint was as follows: (1) “The plaintiff, W. T. Holland, as administrator of the estate of Ramsey L. Holland, deceased, claims of the defendant, the Louisville & Nashville Railroad Company, a corporation, the sum of $25,000 as dameges, for that, whereas, the said defendant was engaged-in the business of operating a railroad between the city of Nashville, Tenn., and the town…
1Opinion of the CourtAnderson, J.
As was held in the case of L. & N. Co. v. Marbury, 125 Ala. 237, 28 South. 438, 50 L. R. A. 620, and repeatedly approved by this court, the complaint need not set out in detail the specific acts constituting negligence. Count 1 was not therefore subject to defendant’s demurrer which was properly overruled by the trial court.. The running of the train in violation of a municipal ordinance cannot be made the basis of an action by an employe for injuries resulting therefrom. A compliance with the statute and municipal ordinances in this respect is intended for the protection of the public and…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Savannah & Western Railroad v. MeadorsSupreme Court of Alabama · 1891
- Southern Railway Co. v. SmithSupreme Court of Alabama · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
23 more not listed; retrieve them via the Exa API.