Liverett v. Nashville, Chattanooga & St. L. Ry.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hou. W. W. Haralson. Action by Lola Liverett as administratrix against the Nashville, Chattanooga & St. Louis Railway, for damages for the wrongful death of her intestate caused by being run down by a train on defendant’s railway. Judgment for defendant and plaintiff appeals. The court erred in sustaining demurrers to the fourth count of the complaint. • — M. J. é E. O. v. Smith, 153 Ala. 127; Montg.
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Appeal from Marshall Circuit Court. Heard before Hou. W. W. Haralson. Action by Lola Liverett as administratrix against the Nashville, Chattanooga & St. Louis Railway, for damages for the wrongful death of her intestate caused by being run down by a train on defendant’s railway. Judgment for defendant and plaintiff appeals. The court erred in sustaining demurrers to the fourth count of the complaint. • — M. J. é E. O. v. Smith, 153 Ala. 127; Montg. St. Ry. v. Lewis, 148 Ala. 134; A. G. S. v. Guest, 144 Ala. 373; M. cC- G. v. Martin, 117 Ala. 382. The court erred in overruling demurrers to the…
1Opinion of the Court
SOMERVILLE, J. —
The fourth count of the complaint is deficient in failing to aver knowledge on the part of the trainmen of such conditions as rendered it likely that some. one would be upon the track at the point described, and exposed to danger in the absence of the omitted precautions. Such knowledge is the very essence of wanton or willful injury.—C. of Ga. Ry. Co. v. Foshee, 125 Ala. 201, 226, 27 South. 1006; Peters v. Southern Ry. Co., 135 Ala. 533, 33 South. 332; Southern Ry. Co. v. Stewart, 179 Ala. 304, 60 South. 927. Moreover, plaintiff had the full benefit of this issue under other…
2Cases cited6 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Pryor v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
- Birmingham Railway, Light & Power Co. v. LideSupreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lawson v. Mobile Electric Co.Supreme Court of Alabama · 1920
- Jones v. KeithSupreme Court of Alabama · 1931
- Alabama Fuel & Iron Co. v. BushSupreme Court of Alabama · 1920
- Walker v. Alabama, Tennessee & Northern Railway Co.Supreme Court of Alabama · 1915
- Louisville & Nashville Railroad v. MoranSupreme Court of Alabama · 1914
6 more not listed; retrieve them via the Exa API.