Legal Opinion

Tuck v. Louisville & Nashville Railroad

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 11 opinions

Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Shakpe. This action was brought by J. M. Tuck, as administrator, etc., against the Louisville and Nashville B. B. Co., to recover damages for negligence causing the death of Walter I. Wilkes. The court gave the general affirmative charge in favor of the defendant. insisted that the question of negligence should have been submitted to the jury, citing Burns v. Chicago R. R. Co., 69 Iowa, 450 ; 28 Am. & Éng.

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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Shakpe. This action was brought by J. M. Tuck, as administrator, etc., against the Louisville and Nashville B. B. Co., to recover damages for negligence causing the death of Walter I. Wilkes. The court gave the general affirmative charge in favor of the defendant. insisted that the question of negligence should have been submitted to the jury, citing Burns v. Chicago R. R. Co., 69 Iowa, 450 ; 28 Am. & Éng. Bi. B. Cas. 409 ; 14 Am. & Eng. Ency. 869 ; that there are cases in which the happening of an accident raises the…

1Opinion of the CourtHead, J.

The only assignment of error involves the propriety of the affirmative charge given at the request of defendant.

Appellant sues as administrator of Walter I. Wilkes, to recover damages for injuries sustained by his intestate, while in the employment of the defendant as a brakeman, resulting in his death. The complaint contains two counts. The first charges that the injury was caused by a defect in one of the freight cars used on defendant’s road, which arose from, or had not been remedied owing to the negligence of defendant, or of the car inspector, or of the person in the service of…

2Cases cited3 opinions

  1. Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
  2. Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
  3. Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887

3Cited by11 opinions

  1. Southworth v. SheaSupreme Court of Alabama · 1901
  2. Louisville & Nashville R. R. v. FitzgeraldSupreme Court of Alabama · 1909
  3. Louisville & Nashville R. R. v. LoweSupreme Court of Alabama · 1908
  4. Louisville & Nashville Railroad v. ElliottSupreme Court of Alabama · 1909
  5. Louisville & Nashville R. R. v. BinionSupreme Court of Alabama · 1893

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