Southern Ry. Co. v. Stollenwerck
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by E. F. Stollenwerck, as administrator de bonis non of tbe estate of Charles M. Bryan, deceased, against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. The first count alleges: That the Southern Railway and the Louisville & Nashville Railroad cross each other on grade in North Birmingham, known as the “North Birmingham crossing.”
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by E. F. Stollenwerck, as administrator de bonis non of tbe estate of Charles M. Bryan, deceased, against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. The first count alleges: That the Southern Railway and the Louisville & Nashville Railroad cross each other on grade in North Birmingham, known as the “North Birmingham crossing.” That her intestate ivas an engineer in the service or employment of the Louisville & Nashville Railroad Company, and had charge of an engine to which cars…
1Opinion of the CourtAnderson, J.
This is the third appeal in this case, it being reported first as Southern R. R. Co. v. Bryan, Adm'r, 125 Ala. 310, 28 South. 445, and the second time as Southern R. R. Co. v. Bonner, Adm’r, 141 Ala. 517, 37 South. 702. The only counts considered by the jury, upon the trial from which the present appeal is had, are 1 and 4, as all others were eliminated by pleading or special instructions. It was held on the second appeal (141 Ala. 517, 37 South. 702) that there was evidence sufficient to submit both counts to the jury, and that the general charge should not have been given as to either…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. BouldinSupreme Court of Alabama · 1895
- Southern Railway Co. v. BonnerSupreme Court of Alabama · 1904
- Southern Railway Co. v. BryanSupreme Court of Alabama · 1899
- City of Springfield v. CoeIllinois Supreme Court · 1897
3Cited by6 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Houston v. ElrodSupreme Court of Alabama · 1919
- Atlantic C. L. Ry. Co. v. Enterprise Cotton Co.Supreme Court of Alabama · 1917
- Connors-Weyman Steel Co. v. HarlessSupreme Court of Alabama · 1918
- National Supply Co. v. Southern Creamery Co.Supreme Court of Alabama · 1932
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