Legal Opinion

McCoy v. L. & N. R. R.

Supreme Court of Alabama

Decided November 29, 1905PublishedCited by 26 opinions

Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Dollie McCoy, administratrix of the estate of Mattie Osby, deceased, against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are sufficiently-stated in the opinion of the court.

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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Dollie McCoy, administratrix of the estate of Mattie Osby, deceased, against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are sufficiently-stated in the opinion of the court. The awarding of costs, on appeal to the supreme court i« within the discretion of the court. — Paulding v. Johnston, 21’ Ala.,-279; Rainey v. Ramey, 35 Ala. 282: Conner v. Armstrong, 91 Ala. 265 (9 So. 816). In construing a statute, the intention of the makers of the law is as much…

1Opinion of the CourtDenson, J.

This action is by Dollie McCoy, as the administratrix of the estate of Mattie Osby, deceased, against the Louisville & Nashville Railroad Company, for personal injuries resulting in the death of the plaintiff’s intestate, and which were received in a collision which occurred in- the village of East Birmingham between a locomotive of the defendant and a street car of the Birmingham Railway, Light & Power Company at a crossing of the two roads at grade. The plaintiff’s intestate 'was a passenger on the street car. The complaint in one count ascribes the collision to the negligence of the…

2Cases cited17 opinions

  1. Lovejoy v. MurraySupreme Court of the United States · 1866
  2. Doremus v. RootWashington Supreme Court · 1901
  3. Tompkins v. Clay St. R.R.California Supreme Court · 1884
  4. Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
  5. Russell v. . McCallNew York Court of Appeals · 1894

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3Cited by26 opinions

  1. Tatum v. Schering Corp.Supreme Court of Alabama · 1988
  2. Hunt v. ZieglerCourt of Appeals of Texas · 1925
  3. Steenhuis v. HollandSupreme Court of Alabama · 1927
  4. Cain v. Quannah Light & Ice Co.Supreme Court of Oklahoma · 1928
  5. Wright v. McCordSupreme Court of Alabama · 1920

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

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