Southern Railway Co. v. Smith
Supreme Court of Alabama
Appeal from Jackson. Circuit Court. Heard before Hon. W. W. Haralson. Action by Albert J. Smith, as administrator of Robert Taylor Smith, deceased, against the Southern Railway Company, for damages for the death of the deceased. Prom a judgment for plaintiff, defendant appeals.
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Appeal from Jackson. Circuit Court. Heard before Hon. W. W. Haralson. Action by Albert J. Smith, as administrator of Robert Taylor Smith, deceased, against the Southern Railway Company, for damages for the death of the deceased. Prom a judgment for plaintiff, defendant appeals. Count 4 is as follows: “Plaintiff, Albert J. Smith, suing as administrator of the estate of Robert Taylor Smith, deceased, claims of the defendant, the Southern Railway Company, a-corporation, the sum of $20,000 as damages, for this: On or about the 30th day of July, 1908, the defendant was, by and through its servants…
1Opinion of the CourtSimpson, J.
— This action was brought by the appellee to recover damages for the death of his intestate, Robert Taylor Smith, alleged to have been caused by the negligence of' the defendant in running its train of locomotive and cars.
The first assignment of error insisted on is to the action of the court in overruling the demurrers to the fourth count of the complaint. We think that, when the said count alleges that the employes of the company “discovered the plaintiff’s intestate on the track in time to avoid injuring him,” the plain and obvious meaning Is that they discovered that it was a small child…
2Cases cited15 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1909
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Western Union Tel. Co. v. ClevelandSupreme Court of Alabama · 1910
- Ex parte Southern Ry. Co.Supreme Court of Alabama · 1913
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
13 more not listed; retrieve them via the Exa API.