Alabama Great Southern Railroad v. McWhorter
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Lillian McWhorter, administratrix of W. H. McWhorter, deceased, against the Alabama Great Southern Bailroad Company, for damages for the death of said decedent. From a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Lillian McWhorter, administratrix of W. H. McWhorter, deceased, against the Alabama Great Southern Bailroad Company, for damages for the death of said decedent. From a judgment for plaintiff, defendant appeals. The case made by the complaint is that the intestate was in the employ of the Alabama Great Southern Bail-road Company as flagman, and that while engaged in the duties of employment the defendant (through its servants and agents so negligently conducted itself as to run a train of cars or an engine upon or…
1Opinion of the CourtAnderson, J.
That the plaintiff’s intestate was guilty of negligence in being at the place where he was killed, whether asleep or awake, there can be no doubt. Nor can he be relieved from such an imputation upon the theory that he had the right to anticipate that the train would stop before reaching him, because of the placing by him of the flag and torpedoes between himself and the expected train, if such was the case, but as to which point there was a sharp conflict in the evidence. The killing was not at a point where the engineer was required to keep a lookout, and the intestate had no right to…
2Cases cited14 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Helton v. Alabama Midland RailroadSupreme Court of Alabama · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Pennsylvania Fire Ins. v. DraperSupreme Court of Alabama · 1914
62 more not listed; retrieve them via the Exa API.