Louisville & Nashville Railroad v. Thomason
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by John A. Thomason as administrator against the Louisville & Nashville Railroad Company, for the damages for the death of his intestate. Judgment for plaintiff and defendant appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by John A. Thomason as administrator against the Louisville & Nashville Railroad Company, for the damages for the death of his intestate. Judgment for plaintiff and defendant appeals. Where the complaint alleges a negligence of duty and the evidence shows no duty, there is a fatal variance. — G. P. R. R. Go. v. Propst. 85 Ala. 205; A G. 8. v. Hall, 105 Ala. 606. Charges 30, 31, 34 and 62 should have been given, as they properly embody the doctrine of stopping, looking and listening. Charges 13, 19, 21, 22, 25,…
1Opinion of the CourtSimpson, J.
This is an action by the appellee against the appellant for damages, on account of the death of plaintiff’s intestate, O. L. Seitz, which is claimed to have been caused by the negligence of the defendant, in the operation of its locomotve engine.
The general issue and contributory negligence were pleaded, and it is insisted that the plaintiff’s intestate was not in the line of his duty, and was guilty of contributory negligence in going upon the track without looking and listening. It may be admitted that the plaintiff’s intestate was guilty of contributory negligence, yet the question arises…
2Cases cited5 opinions
- Birmingham Railway, Light & Power Co. v. BrantleySupreme Court of Alabama · 1904
- Allen v. HarperSupreme Court of Alabama · 1855
- Boggs v. Alabama Consolidated Coal & Iron Co.Supreme Court of Alabama · 1910
- Crawford v. Simonton & Co.Supreme Court of Alabama · 1909
- Keith v. CliattSupreme Court of Alabama · 1877
3Cited by2 opinions
- J. C. Carland & Co. v. BurkeSupreme Court of Alabama · 1916
- Chandler v. StateAlabama Court of Appeals · 1915