Legal Opinion

Louisville & Nashville R. R. v. Burke

Supreme Court of Alabama

Decided June 8, 1916PublishedCited by 5 opinions

Appeal from Birmingham City Court. Heard before Hon. A. H’ Alston. Action by J. A. Burke against the Louisville & Nashville-Railroad Company, for damages for injuries suffered in a collision. Judgment for plaintiff and defendant’s motion for a new trial being overruled, he appeals.

1Opinion of the CourtGardner, J.

This is the second appeal in this cause. See L. & N. R. R. Co. v. Burke, 11 Ala. App. 496, 66 South. 885. The concise statement of the salient features of the case by Judge Walker, in an opinion written before his retirement from the Court of Appeals and subsequently adopted by that court, is fully supported by the record now before us, and a reference to the above-cited opinion will save a restatement of the case here.

Much of the argument of appellant’s counsel is devoted to an attack upon the soundness of the decision of the Court of Appeals in this case. That court concluded that the proof…

2Cases cited3 opinions

  1. Girardino v. Bir. So. R. R.Supreme Court of Alabama · 1913
  2. Fitts & Son v. BryanSupreme Court of Alabama · 1910
  3. Louisville & Nashville R. R. v. BurkeAlabama Court of Appeals · 1914

3Cited by5 opinions

  1. Birmingham MacAroni Co. v. TadrickSupreme Court of Alabama · 1921
  2. Hardendorf v. GafnerWyoming Supreme Court · 1938
  3. Maddox v. JohnsonSupreme Court of Alabama · 1925
  4. Bellany v. StateSupreme Court of Alabama · 1922
  5. Grissett v. StateAlabama Court of Appeals · 1922

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