Memphis & Charleston Railroad v. Martin
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This action was brought by the appellee as administrator of Nancy Martin, deceased, against the appellant, the Memphis & Charleston Railroad Company, to recover damages for the alleged negligent killing by the defendant of the plaintiff’s intestate. The complaint as amended contained five counts.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This action was brought by the appellee as administrator of Nancy Martin, deceased, against the appellant, the Memphis & Charleston Railroad Company, to recover damages for the alleged negligent killing by the defendant of the plaintiff’s intestate. The complaint as amended contained five counts. These counts, after alleging the operation by the defendant of a railroad in the State of Alabama, and the fact that the plaintiff’s intestate was run over and killed by one of the defendant’s engines, while she was…
1Opinion of the CourtColeman, J.
The plaintiff sued under section 2589 of the Code of 1886 to recover damages for personal injuries inflicted upon his intestate which caused her death.
The first, third and fourth counts charge simple negligence and sufficiently aver a cause of action. • The second count avers that defendant .“in the management, conduct and running of one of its freight trains, through the incorporated town or village, of Madison, with reckless, unwarranted and dangerous' rate of speed, did wantonly and recklessly strike and run over plaintiff’s intestate at a public road crossing in said town,” etc. Under the…
2Cases cited14 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Wurts v. HoaglandSupreme Court of the United States · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
83 more not listed; retrieve them via the Exa API.