Southern Railway Co. v. Shelton
Supreme Court of Alabama
•Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. James A. Shelton, as the administrator of Edward II. Shelton-, brought this suit against the Southern Railway Company on the 20th day of September, 1900, claiming $50,000 damages for the killing of plaintiff’s intestate, who was not-an employe of the defendant company. Shelton was run oyer and killed on the night of the 23d of January, 1900, at about 7 o’clock.
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•Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. James A. Shelton, as the administrator of Edward II. Shelton-, brought this suit against the Southern Railway Company on the 20th day of September, 1900, claiming $50,000 damages for the killing of plaintiff’s intestate, who was not-an employe of the defendant company. Shelton was run oyer and killed on the night of the 23d of January, 1900, at about 7 o’clock. The complaint contained for ty-,six counts, anumberof which were stricken out upon demurrer and by amendment, leaving at the time, of the trial, the.…
1Opinion of the CourtMeOLELLAN, C. J.
To those counts of the complaint. Avhich ascribed the death of plaintiff’s intestate to the. negligence of the railway company, the defendant pleaded the general issue1 and three pleas of contribu-torv negligence. The first, of these, being plea 2, is in the following language: “Defendant, says that the plaintiff’s intestate, said Edward IT. Shelton, was guilty of contributory negligence, which negligence proximately contributed to his injury, in this, that he at*207tempted to cross the track in front of a moving engine without first stopping, looking and listening, and was run over and killed,…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Tinney v. Central of Georgia Railway Co.Supreme Court of Alabama · 1900
- Alabama Midland Railway Co. v. JohnsonSupreme Court of Alabama · 1898
- Birmingham Railway & Electric Co. v. City Stable Co.Supreme Court of Alabama · 1898
3Cited by65 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- SH Kress & Company v. ThompsonSupreme Court of Alabama · 1957
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
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