Columbus & Western Railway Co. v. Wood
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by Mrs. E. A. Wood, suing as administratrix of the estate of her deceased husband, W. B, Wood, to recover damages for the alleged negligent act of the defendant’s servants, who were in charge of the engine and cars by which he was run over and killed; and was commenced on the 26th February, 1885. The defendant pleaded not guilty, and contributory negligence; and the cause…
Read the full summary
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by Mrs. E. A. Wood, suing as administratrix of the estate of her deceased husband, W. B, Wood, to recover damages for the alleged negligent act of the defendant’s servants, who were in charge of the engine and cars by which he was run over and killed; and was commenced on the 26th February, 1885. The defendant pleaded not guilty, and contributory negligence; and the cause was tried on issue joined on these pleas. On the trial, the defendant reserved exceptions to several rulings of the…
1Opinion of the CourtStone, C. J.
The intestate of appellee was killed by appellant, at a point on its road which was not in a city or town, nor at a public crossing. In M. & C. Railroad Co. v. Womack, 84 Ala. 149, the entire court held, that when a trespasser complains of an injury so suffered, the burden is on the plaintiff to show want of diligence on the part of those in charge of the train. In the same case, the entire court held, that the fact that the person injured was intoxicated at the time, does not relieve him of the charge of contributory negligence, when it was not known to the persons in charge of the train. In…
2Cases cited11 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Yarnall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Whalen v. St. Louis, Kansa City & Northern RailwaySupreme Court of Missouri · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
- Nave v. Alabama Great Southern RailroadSupreme Court of Alabama · 1892
- Johnson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- O'Leary v. Brooks Elevator Co.North Dakota Supreme Court · 1898
- Louisville & Nashville Railroad v. BlackSupreme Court of Alabama · 1889
6 more not listed; retrieve them via the Exa API.