Legal Opinion

Louisville & Nashville R. R. v. Fleming

Supreme Court of Alabama

Decided May 20, 1915PublishedCited by 27 opinions

Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by R. G. Fleming as administrator against tbe Louisville & Nashville Railroad Company for damages, for the death of his intestate, brought under the Federal Employers’ Liability Act. Judgment for plaintiff and defendant appeals. The facts and pleadings sufficiently appear.

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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by R. G. Fleming as administrator against tbe Louisville & Nashville Railroad Company for damages, for the death of his intestate, brought under the Federal Employers’ Liability Act. Judgment for plaintiff and defendant appeals. The facts and pleadings sufficiently appear. The following charges were refused to defendant: (16) Even though you are reasonably satisfied from' the evidence that it was Fleming’s' duty to break in or test engines, yet I charge you that the said Fleming could so conduct himself in the…

1Opinion of the Court

SAYRE, J. —

Action by appellee, as administrator, to recover damages for the death of his intestate, Houston Fleming, under the Federal Employers’ Liability Act of April 22, 1908, c. 149, 35 Stat. 65, and the amendatory act of April 5, 1910, c. 143, 36 Stat. 291 (U. S. Comp. St. 2913, §§ 8657-8665). Plaintiff’s intestate came to his death in July, 1912. The case went to the jury on counts 1, 2, as amended, and A. In each' of these counts plaintiff sued for the use of the father and mother of his intestate, who was an unmarried *56man. In counts 1 and 2 the damage alleged to have resulted in…

2Cases cited7 opinions

  1. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  2. Norfolk & Western Railway Co. v. HolbrookSupreme Court of the United States · 1915
  3. Northern Pac. Ry. Co. v. MaerklCourt of Appeals for the Ninth Circuit · 1912
  4. Richmond v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1891
  5. Helton v. Alabama Midland RailroadSupreme Court of Alabama · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
  2. Norris v. StateSupreme Court of Alabama · 1934
  3. Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
  4. Frint Motor Car Co. v. Industrial CommissionWisconsin Supreme Court · 1919
  5. Mobile & O. R. Co. v. WatsonSupreme Court of Alabama · 1930

22 more not listed; retrieve them via the Exa API.

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