Central of Georgia Ry. Co. v. Hyatt
Supreme Court of Alabama
Appeal from Russell Circuit Court. Heard before Hon. A. A. Evans. Action by J. R. Hyatt, administrator, against the Central of Georgia Railway Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Russell Circuit Court. Heard before Hon. A. A. Evans. Action by J. R. Hyatt, administrator, against the Central of Georgia Railway Company. From a judgment for plaintiff, defendant appeals. This was an action by Hyatt, as administrator of R. S. Kite, deceased, against the Central of Georgia Railway Company, for damages on account of the negligent killing of his intestate, which occurred at a crossing of the public road with the railroad, and was occasioned by an engine of defendant running ahead of a regular freight train. The evidence tended to show that Kite was driving along…
1Opinion of the CourtAnderson, J.
The complaint contains three counts; the first two charging simple negligence, and the third count charging that the killing was willful, wanton, and intentional. The case was tried on the general issue as to all of the counts and a special plea of contributory negligence to the first two counts, which said plea charges, in substance, that plaintiff’s intestate failed to stop and look and listen before crossing the track, and which said failure was the “proximate cause” of his death. The plaintiff’s evidence supported the first two counts of the complaint, and as charge 1, requested by…
2Cases cited7 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Thompson v. DuncanSupreme Court of Alabama · 1884
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Louisville & N. R. R. v. WilliamsSupreme Court of Alabama · 1913
- Pantaze v. WestAlabama Court of Appeals · 1913
- Southern Railway Co. v. IrvinSupreme Court of Alabama · 1915
30 more not listed; retrieve them via the Exa API.