Louisville & Nashville R. R. v. Johnson
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Walter H. Johnson against the Louisville & Nashville Railroad Company for injury. From a judgment for paintiff, defendant appeals. The pleadings are fully discussed in the opinion. The following charges were refused to the defendant: (1) Unnecessary to be set out.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Walter H. Johnson against the Louisville & Nashville Railroad Company for injury. From a judgment for paintiff, defendant appeals. The pleadings are fully discussed in the opinion. The following charges were refused to the defendant: (1) Unnecessary to be set out. (2) “If the jury believes from the evidence that the plaintiff at and before the time of his accident and injury knew that no trains could approach him on the track on which was running the engine that struck him from the east when the south-bound main line…
1Opinion of the CourtMcCLELLAN, J.
Action for personal injuries. Counts 1, 2, 13, and 14 were those submitted to the jury. Counts 1 and 13 ascribe the injury suffered to negligence attending the operation of an engine and cars at or near a public street crossing in the city of Birmingham. Counts 2 and 14 purport to impute the injury to wilful or wanton misconduct on the part of those in control of the engine and cars on the occasion.
The appellant complains of the ruling below holding that counts 2 and 14 were not defective, in that they were silent in the essential averment that the agents or servants of the defendant were…
2Cases cited5 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Birmingham Railway L. & P. Co. v. JungSupreme Court of Alabama · 1909
- State ex rel. Sanche v. WebbSupreme Court of Alabama · 1895
3Cited by12 opinions
- Feore v. TrammelSupreme Court of Alabama · 1924
- United States H. & A. Ins. v. GoinSupreme Court of Alabama · 1916
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
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