Birmingham R. L. & P. Co. v. Saxon
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by W. D. Saxon, as administrator against tlie Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by W. D. Saxon, as administrator against tlie Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. Count 3 is in subsequent negligence for a negligent failure of the servants of the defendant to use all means at their command to prevent the car from running against plaintiff’s intestate after becoming aware of his peril, when, by the use of such means, the accident might have been avoided. The plaintiff’s intestate was crossing the track at a public crossing, as alleged in count 3,…
1Opinion of the CourtSimpson, J.
This action is by the appellee against the appellant for damages on account of the death of the plaintiff’s intestate from being struck by a car of defendant’s.
The first assignment of error insisted on is that the court erred in sustaining the demurrer to plea 5 as an answer to count 3 of the complaint. The court erred in sustaining the demurrer to said plea. The plea showed a knowledge of the danger by alleging that the *152intestate, “loell knowing that defendant’s car was rapidly approaching,” “measured the distance and took the chances of crossing the track before the car reached him, and…
2Cases cited38 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Tesney v. StateSupreme Court of Alabama · 1884
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
33 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Fuller v. StateSupreme Court of Alabama · 1959
- Smith v. BachusSupreme Court of Alabama · 1915
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
41 more not listed; retrieve them via the Exa API.