Alabama Great Southern Railway Co. v. McFarlin
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Mrs. Alice MeFarlin, administratrix of Reuben W. MeFarlin, deceased, against the Alabama Great Southern Railroad Company, for death of intestate. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion of the court, taken in connection with the dissenting opinion. The following charges were refused to defendant: (1) General charge for the defendant.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Mrs. Alice MeFarlin, administratrix of Reuben W. MeFarlin, deceased, against the Alabama Great Southern Railroad Company, for death of intestate. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion of the court, taken in connection with the dissenting opinion. The following charges were refused to defendant: (1) General charge for the defendant. (3) Affirmative charge for defendant as to the second count. (4) “The court charges the jury that in your sound discretion you may…
1Opinion of the CourtSimpson, J.
This is an action by the appellee for damages on account of the death of plaintiff’s intestate (who was her husband), claimed to have been the result of the employee of defendant in charge or control of an engine Avantonly or intentionally causing or allowing said engine to run upon or against said intestate. There was also a count in simple negligence, Avhich was charged out, on account of contributory negligence.
The appellant claims that the general charge should have been given in favor of the defendant, first, because the evidence failed to show Avillful or wanton conduct.
There Avas…
2Cases cited17 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Ala. Great Southern Ry. Co. v. GuestSupreme Court of Alabama · 1905
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
- Alabama Great Southern R. R. v. GuestSupreme Court of Alabama · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Lee v. StateSupreme Court of Alabama · 1957
- Birmingham Electric Co. v. PerkinsSupreme Court of Alabama · 1947
- CALVERT & MARSH COAL CO., INC. v. PassSupreme Court of Alabama · 1980
- Southern Ry. Co. v. RandleSupreme Court of Alabama · 1930
7 more not listed; retrieve them via the Exa API.