Legal Opinion

Schneider v. Mobile L. & R. R.

Supreme Court of Alabama

Decided April 28, 1906PublishedCited by 13 opinions

Appeal from Mobile Circuit Court; Heard, before Hon. William S. Anderson. Action by Hannah Schneider as administratix against the appellee for damages for causing the death of her intestate. The facts upon which the opinion is rested and which ivas excluded by the court on motion of the appellee are sufficiently stated in the opinion of the court.

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Appeal from Mobile Circuit Court; Heard, before Hon. William S. Anderson. Action by Hannah Schneider as administratix against the appellee for damages for causing the death of her intestate. The facts upon which the opinion is rested and which ivas excluded by the court on motion of the appellee are sufficiently stated in the opinion of the court. The track being imbedded in the street was a part of the same and hence deceased vims not a trespasser. — Glass’ case, 94 Ala. 581. The court erred in excluding the testimony of Bobe. He was shown to have been a conductor for six months before the…

1Opinion of the CourtDenson, J.

This action is brought to recover damages for the .death of the plaintiff's intestate, who was struck and killed by one of defendant’s electric trolley cars while passing along Government street, in the city of Mobile, on the 3d day of June, 1902. The trial was had on the first count and the general issue, plea A and the replication to plea A, plea E and the replication to .plea E, and a further plea filed April 22, 1904; upon the second count, the general issue and plea A, and the replication thereto, plea E and pleas B, C, and D; upon the count numbered 2% as last amended, the general issue…

2Cases cited2 opinions

  1. Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
  2. Little v. Carolina Central RailroadSupreme Court of North Carolina · 1896

3Cited by13 opinions

  1. Boyette v. BradleySupreme Court of Alabama · 1924
  2. Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
  3. Merrill v. Sheffield Co.Supreme Court of Alabama · 1910
  4. Fujise v. Los Angeles Railway Co.California Court of Appeal · 1909
  5. Randle v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1908

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