Perdue v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried.before the Hon. John P. Hubbard. This was an action brought by J. C. Perdue, as the administrator of W. S. Perdue, against the Louisville & Nashville Railroad Co. and sought to recover damages for the alleged negligent killing of the plaintiff s intestate. There was judgment for the defendant, and plaintiff appeals.
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Appeal from the Circuit Court of Butler. Tried.before the Hon. John P. Hubbard. This was an action brought by J. C. Perdue, as the administrator of W. S. Perdue, against the Louisville & Nashville Railroad Co. and sought to recover damages for the alleged negligent killing of the plaintiff s intestate. There was judgment for the defendant, and plaintiff appeals. In the first count of the complaint, after alleging the employment of the plaintiff’s intestate by the defendant in the ■operation of a freight train of cars, the plaintiff avers that the accident, which resulted in the death of his…
1Opinion of the CourtHaralson, J.
1. The second and third counts of tbe complaint, added by way of amendment, were demurred to, but no action appears to have been taken on tbe demurrers, and we must bold them to have been waived.
2. Tbe fourth and fifth counts were demurred to, on tbe ground, as to each, that plaintiff’s intestate was an employe of tbe defendant. Tbe demurrers were sustained. There was no merit in that objection to these counts, and tbe demurrers to them should have been overruled.
3. There was no conflict in tbe evidence. Tbe defendant did not examine a witness. It was shown there was a brake on tbe rear car;…
2Cases cited2 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
3Cited by3 opinions
- Sloss-Sheffield Steel & Iron Co. v. BibbSupreme Court of Alabama · 1910
- Alabama Great Southern R. Co. v. BellSupreme Court of Alabama · 1917
- Norwich Ins. Society v. Oregon RailroadOregon Supreme Court · 1905