Alabama Great Southern Railroad v. Hall
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. S. H. Sprott. This action was brought by the appellee, Beatrice Hall, as administratrix of estate of Marcellus N. Hall, deceased, against the Alabama Great Southern Railroad Company, to recover damages for the alleged negligence of the defendant, which resulted in the death of plaintiff's intestate. The complaint, as originally filed, contained four counts.
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Appeal from the Circuit Court of Sumter. Tried before the Hon. S. H. Sprott. This action was brought by the appellee, Beatrice Hall, as administratrix of estate of Marcellus N. Hall, deceased, against the Alabama Great Southern Railroad Company, to recover damages for the alleged negligence of the defendant, which resulted in the death of plaintiff's intestate. The complaint, as originally filed, contained four counts. The second and fourth counts were stricken from the complaint by amendment, and the court gave the general affirmitive charge for the appellant as to the third count of the…
1Opinion of the CourtColeman, J.
The meritorious questions in this cause grew out of the first count of the complaint, and the pleas thereto, and a replication to the pleas of contributory negligence. The plaintiff’s intestate was employed as a brakemau by the defendant corporation. The count charges that while plaintiff’s intestate “was engaged in the service of the defendant as brakeman,” the train was derailed by reason of the negligence of the engineer, in running the train at “a dangerous and reck*605less rate of speed,” and which caused the death of plaintiff’s intestate. Only simple negligence is charged in this count. To…
2Cases cited13 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Griffin Lumber Co. v. HarperSupreme Court of Alabama · 1946
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Indiana Natural Gas & Oil Co. v. O'BrienIndiana Supreme Court · 1903
- Spooney v. StateSupreme Court of Alabama · 1928
- Southern Railway Co. v. DavisSupreme Court of Georgia · 1909
40 more not listed; retrieve them via the Exa API.