Legal Opinion

Lawrence v. Kaul Lumber Co.

Supreme Court of Alabama

Decided April 13, 1911PublishedCited by 31 opinions

Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. P. Lawrence as administrator, against tbe Kaul Lumber Company, for the death of his intestate, alleged to have been a passenger on one of defendant’s logging trains. Judgment for the defendant and plaintiff appeals.

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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. P. Lawrence as administrator, against tbe Kaul Lumber Company, for the death of his intestate, alleged to have been a passenger on one of defendant’s logging trains. Judgment for the defendant and plaintiff appeals. As to the duty-resting upon defendant and its liability to the deceased, under the facts of this case, see the following authorities. — B. R. L. & P. Go. v. Adams, 146 Ala. 271; Ball v. Mobile L. S Ry Go. 146 Ala. 309; Holmes v. Bir. South. Ry. 140 Ala. 210; Indianapolis T. Go. v. Lanoson, 143 Fed. 834.…

1Opinion of the CourtSomerville, J.

While riding on a train of cars operated by the defendant, in April, 1905, plaintiff’s intestate Avas killed by reason of the derailment of the car in which he was sitting; the car after leaving the rails being overturned, and crushing the deceased underneath its weight.

Defendant Avas not a common carrier of either freight or passengers, and operated no passenger trains. It built and operated a short line of railroad from its logging camp and commissary at Woodbine to the Central of Georgia Bailroad at Ch’erbrook, from Avhich point to Sylacauga it used the C. of G. track. Its road Avas…

2Cases cited11 opinions

  1. Alabama Great Southern Railway Co. v. GodfreySupreme Court of Alabama · 1908
  2. Bailey v. StateSupreme Court of Alabama · 1894
  3. Files v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
  4. West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
  5. Birmingham Ry. L. & P. Co. v. AdamsSupreme Court of Alabama · 1906

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

3Cited by31 opinions

  1. Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
  2. Prior v. WhiteSupreme Court of Florida · 1938
  3. Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
  4. Perkins v. GallowaySupreme Court of Alabama · 1915
  5. Thomas v. CarterSupreme Court of Alabama · 1927

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

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