Savannah & Memphis Railroad v. Shearer
Supreme Court of Alabama
Appeal from City Court of Lee. Tried before tbe Hon. John M. Chilton. This was a suit to recover damages for tbe death of plaintiff’s (appellee’s) intestate, who was run over and killed by defendant’s (appellant’s) train in Opelika.
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Appeal from City Court of Lee. Tried before tbe Hon. John M. Chilton. This was a suit to recover damages for tbe death of plaintiff’s (appellee’s) intestate, who was run over and killed by defendant’s (appellant’s) train in Opelika. Complaint was framed in reference to section 2297 and 2300 of Revised Code, and act of February 5, 1872, p. 83. The first count claims $25,000, for that on 10th November, 1873, deceased was on the track of defendant’s railroad (described as a corporation in the margin) in tbe city of Opelika. “ Tbe defendant so negligently conducted itself in tbe management of a…
1Opinion of the CourtStone, J.
1. Tbe following facts are undisputed : Tbe defendant, corporation, was backing its train, pushing passenger and box freight-cars ahead of the engine, so that no person on tbe engine could see ahead of tbe train ; there was no brakeman or other person on tbe boxes, or stationed elsewhere, to keep a lookout ahead; this was within the limits of the city of Opelika; and the plaintiff’s intestate, walking-on the track, in the direction the train was moving, was overtaken by the train, run over, and killed. Under the principles declared in the case of Tanner v. Louisville & Nashville Railroad…
2Cases cited5 opinions
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Beisiegel v. . New York Central RailroadNew York Court of Appeals · 1866
- Baltimore & Ohio Railroad v. State ex rel. DoughertyCourt of Appeals of Maryland · 1872
- La Farge v. . Exchange Fire Insurance CompanyNew York Court of Appeals · 1860
3Cited by56 opinions
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- INDUSTRIAL CHEMICAL AND FIBERGLASS CORP. v. ChandlerSupreme Court of Alabama · 1989
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Kennedy v. DavisSupreme Court of Alabama · 1911
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