Atkinson v. Kelley
Alabama Court of Appeals
Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Action by T. A. G. Kelley, as administrator against H. M. Atkinson and others, as receivers for damages for the death of his intestate. Judgment for plaintiff and defendants appeals. It is undisputed in this case that intestate was a trespasser at the time he was struck by one of appellant’s trains. — Sou. Ry. v. Gullatt, 150 Ala. 320; Sou. Ry. Co. v. Gullatt, 158 Ala. 504; (J. of G. By.
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Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Action by T. A. G. Kelley, as administrator against H. M. Atkinson and others, as receivers for damages for the death of his intestate. Judgment for plaintiff and defendants appeals. It is undisputed in this case that intestate was a trespasser at the time he was struck by one of appellant’s trains. — Sou. Ry. v. Gullatt, 150 Ala. 320; Sou. Ry. Co. v. Gullatt, 158 Ala. 504; (J. of G. By. Go. v. Blackmon, 169 Ala. 304; Mig&cll v. Sou. By. Go., 132 Ala. 506; Sou,. By. Go. v. Barrister, 158. Ala. 482;. N. G.& Si.. L. By. Go. v.…
1Opinion of the CourtPelham, J.
The appellee brought suit in the trial court to recover damages for the negligent killing of plaintiff’s intestate, W. H. Kelley.
One of the counts of the complaint on which the case was submitted to the jury alleges that the agents or servants of the defendant, acting within the line and *576scope of their authority, wantonly, willfully, or intentionally caused an engine or train of cars to run over or against plaintiff’s intestate, and that as a proximate consequence said intestate received the injuries causing his death. The demurrers assigned to this count on the ground that, the allegation of…
2Cases cited12 opinions
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Carlisle v. Alabama Great Southern RailwaySupreme Court of Alabama · 1909
- Southern Railway Co. v. DrakeSupreme Court of Alabama · 1910
- Southern Railway Co. v. StewartSupreme Court of Alabama · 1907
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3Cited by2 opinions
- Louisville N. R. Co. v. RogersSupreme Court of Alabama · 1942
- Thornton v. Southern Railway Co.Supreme Court of Alabama · 1917