Louisville & Nashville R. R. v. Jones
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Ollie Jones, as administrator, against the Louisville & Nashville Railroad Company for damages for the death of his intestate. Judgment for plaintiff and defendant appeals. The complaint and the facts sufficiently appear from the opinion of the court.
Read the full summary
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Ollie Jones, as administrator, against the Louisville & Nashville Railroad Company for damages for the death of his intestate. Judgment for plaintiff and defendant appeals. The complaint and the facts sufficiently appear from the opinion of the court. Plea 2 is a plea of contributory negligence setting up defendant’s position between the two tracks, and that he attempted to cross the said track or get upon the same in such close proximity to the engine that it could not have been stopped in time to have…
1Opinion of the CourtMayfield, J.
Appellee’s intestate, an aged man, estimated to be between 60 and 80 years of age, was walking along appellant’s roadbed between two- parallel tracks, and just before a switch engine (moving-in the same direction) was opposite him, he stepped upon the track in front of the engine and was killed. Plaintiff’s evidence was in conflict as to how far the engine ivas from deceased when he stepped upon the track, placing it at distances varying- from 50 or 60 yards to 15 or 30 feet. Plaintiff’s evidence was also in conflict as to the speed of the train, it being variously estimated to have been from…
2Cases cited6 opinions
- Central of Georgia Railway Co. v. BlackmonSupreme Court of Alabama · 1910
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1909
- Ex parte Southern Ry. Co.Supreme Court of Alabama · 1913
- Southern Railway Co. v. SmithSupreme Court of Alabama · 1909
- Cardwell v. Louisville & Nashville R. R.Supreme Court of Alabama · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1940
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
- Atlantic Coast Line R. Co. v. FrenchSupreme Court of Alabama · 1954
- Louisville N. R. Co. v. DavisSupreme Court of Alabama · 1938
9 more not listed; retrieve them via the Exa API.