Louisville N. R. Co. v. Heidtmueller
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by Eddie Heidtmueller, as administrator of tbe estate of Theodore Heidtmueller, against the ’ Louisville & Nashville Railroad Company, for damages for the death of his intestate. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by Eddie Heidtmueller, as administrator of tbe estate of Theodore Heidtmueller, against the ’ Louisville & Nashville Railroad Company, for damages for the death of his intestate. Judgment for the plaintiff, and defendant appeals. The ease was originally brought in three counts, but counts 1 and 3 were eliminated, and count 2, which charged wantonness to the engineer of the defendant, one J. D. Jessie, who was then and there acting within the line and scope of his employment. The evidence tended to show that at the point where…
1Opinion of the CourtAnderson, C. J.
[1] It is the well-established law in this state that trainmen will be guilty of wantonness for running their trains at a great rate of speed without lookout, signal or warning at points densely populated, and where people constantly, frequently, and with regularity pass on or over the track, notwithstanding those who pass on or along same may be trespassers, and this rule applies to rural communities, as well as cities, towns, or villages. Whitehead v. St. Louis R. R. Co., 179 Ala. 314, 60 South. 930; Haley v. K. C. R. R. Co., 113 Ala. 640, 21 South. 357. Nor do we think that this rule is…
2Cases cited4 opinions
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
- Whitehead v. St. Louis & S. F. R. R.Supreme Court of Alabama · 1912
3Cited by24 opinions
- Louisville N. R. Co. v. ShikleSupreme Court of Alabama · 1921
- Grauer v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1923
- Jones v. Southern Pacific Co.California Court of Appeal · 1925
- Mi-Lady Cleaners v. McDanielSupreme Court of Alabama · 1938
- Southern Ry. Co. v. RandleSupreme Court of Alabama · 1930
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