Louisville & Nashville Railroad v. Mothershed
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before the Hon. II. A. Sharpe. Action by W. U. Mothershed as the administrator of Thomas Edmunds against the Louisville & Nashville Hailroad Company to recover damages for thejdeath of the intestate caused, as alleged, by the negligence of the defendant company. At the time of his death the intestate, as locomotive engineer, was running a freight train- on the defendant’s road.
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Appeal from tbe City Court of Birmingham. Tried before the Hon. II. A. Sharpe. Action by W. U. Mothershed as the administrator of Thomas Edmunds against the Louisville & Nashville Hailroad Company to recover damages for thejdeath of the intestate caused, as alleged, by the negligence of the defendant company. At the time of his death the intestate, as locomotive engineer, was running a freight train- on the defendant’s road. From Cullman south to Phelan’s Station, some two and a half miles, the road descends in grade, except at a point about equi-distant from the places mentioned, at which…
1Opinion of the Court
McCLELLAN, C. -I.
— It is alleged and proved to have been the duty of the conductor of defendant’s train standing at Phelan’s Station to send back the flagman 2700 feet with signals to give plaintiff's intestate, Ed-munds, the engineer of a following train, notice of the presence of the first train at Phelan’s, and it is also alleged and proved that it was the flagman’s duty to go back and give this signal. The first count is upon this duty as being on the conductor. The 7th refers it to the flagman; and they severally charge that it was not seas*655onably performed by either, and that of…
2Cases cited4 opinions
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- Elyton Land Co. v. MingeaSupreme Court of Alabama · 1889
- West Chicago Street Railroad v. KennellyIllinois Supreme Court · 1897
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1895
3Cited by4 opinions
- Mobile City Lines, Inc. v. AlexanderSupreme Court of Alabama · 1947
- Birmingham Railway & Electric Co. v. BakerSupreme Court of Alabama · 1902
- Alabama Power Co. v. BruceSupreme Court of Alabama · 1923
- Routledge v. SchmittSupreme Court of Alabama · 1940