Thornton v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Man Thornton against the Southern Railway Company for damages for the death of his intestate. Judgment for defendant and plaintiff appeals.
1Opinion of the CourtMayfield, J.
The action is under the homicide statute. The complaint contained two counts, one declaring on the wanton or willful causing of the death of the plaintiff’s intestate, and the other declaring on subsequent negligence — that is, negligence after the discovery of intestate’s peril. To the last count there were filed pleas of contributory negligence.
At the close of the testimony the court directed a verdict for the defendant, and plaintiff appeals.
We are of the opinion that there was no error or injury in this ruling. We fail to find, after diligent search, any evidence, direct or indirect,…
2Cases cited15 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
- Carlisle v. Alabama Great Southern RailwaySupreme Court of Alabama · 1909
- Southern Railway Co. v. DrakeSupreme Court of Alabama · 1910
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3Cited by3 opinions
- Ivy v. MarxSupreme Court of Alabama · 1920
- Emmett v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1933
- Louisville N. R. Co. v. HeidtmuellerSupreme Court of Alabama · 1921