Louisville & Nashville Railroad v. Orr
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before tbe Hon. H. C. Speake. This was a suit for damages brought by Horace Orr as the administrator of Hannah Orr against the Louisville & Nashville Railroad Co. The defence was contributory negligence. To this plea the plaintiff replied that the deceased went on the railroad track in the effort to save the life of her grandchild ivho had gone on the track in front of an approaching train.
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Appeal from the Circuit Court of Morgan. Tried before tbe Hon. H. C. Speake. This was a suit for damages brought by Horace Orr as the administrator of Hannah Orr against the Louisville & Nashville Railroad Co. The defence was contributory negligence. To this plea the plaintiff replied that the deceased went on the railroad track in the effort to save the life of her grandchild ivho had gone on the track in front of an approaching train. The evidence was conflicting, but on the part of the plaintiff it tended to show that Hannah Orr ivas an old woman having in her charge a child known as her…
1Opinion of the CourtMcCLELLAN, C. J.
— The complaint contains three counts. The first alleges that Hannah Orr, plaintiff’s intestate, on Nov. 16, 1895, laAvfully attempted to cross the track of the defendant, the Louisville & Nashville Railroad Go. “in and on College street in the incorporated city of Hardsell, at which place the public are invited to cross said track, and do cross said track, in large numbers continuously, and in thus attempting to cross the track of the defendant, in a laAvful and proper manner,- — the defendant Avas through and by its agents and employés running and operating a certain freight train ' along…
2Cases cited8 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- A. B. C. Truck Lines, Inc. v. KenemerSupreme Court of Alabama · 1946
54 more not listed; retrieve them via the Exa API.