Empire Coal Co. v. Martin
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Nathaniel C. Martin, as administrator of the estate of Fred Martin, for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Nathaniel C. Martin, as administrator of the estate of Fred Martin, for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals. The action was for killing a licensee; and alleged that, at the place at which the accident occured, people were accustomed to cross the track of said railroad at the point with such frequency and in such numbers as it ivas likely that persons would-be on the track in passing to and fro around the end of the train or car while it was standing at that point, and…
1Opinion of the Court
ANDERSON, O. J.—(1) Count 9 is a wanton count and was not subject to tbe defendant’s demurrer thereto, and, this being tbe case, tbe defendant’s special pleas 2, 3, and 4, of contributory negligence, were no answer to same, and tbe trial court did not err in sustaining plaintiff’s demurrer to said pleas. There was proof from which tbe jury could infer that tbe point at which tbe body of the intestate was found upon tbe defendant’s track No. 1 was constantly and frequently used by the public at all times, of tbe day, and especially late in tbe afternoon, about tbe time of tbe arrival of tbe…
2Cases cited4 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1909
- Ex parte Southern Ry. Co.Supreme Court of Alabama · 1913
- Ledbetter v. St. Louis & S. F. Ry. Co.Supreme Court of Alabama · 1913
3Cited by13 opinions
- Jones v. BellSupreme Court of Alabama · 1917
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Louisville N. R. Co. v. DavisSupreme Court of Alabama · 1938
- Louisville & Nashville R. R. v. PorterSupreme Court of Alabama · 1916
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