James v. Richmond & Danville Railroad
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before tké Hon. H. A. Sx-iarpe. This action was brought by the' appellant, Kate J ames, as the administratrix of Will Roberts, deceased, against/the appellee corporation; and sought to recover damages for the killing of plaintiff’s intestate, which was alleged to have been caused by the negligence of tbe defendant.
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Appeal from tbe City Court of Birmingham. Tried before tké Hon. H. A. Sx-iarpe. This action was brought by the' appellant, Kate J ames, as the administratrix of Will Roberts, deceased, against/the appellee corporation; and sought to recover damages for the killing of plaintiff’s intestate, which was alleged to have been caused by the negligence of tbe defendant. The cause was tried without tbe intervention of a jury, as authorized by statute, and judgment was rendered for one cent damages. All the facts are sufficiently set forth in the opinion of this court. The plaintiff brings this appeal,…
1Opinion of the CourtStone, C. J.
This case was tried, under the statute, without a jury. The suit was brought by the administratrix of an employé of the defendant railroad company, under sections 2590-91 of the Code of 1886. The gravamen of the suit is the negligent killing of plaintiff’s intestate, caused by the fall of a trestle, alleged to have been imperfectly constructed, or to have become decayed from age, or worn out with use. There is but little controversy as to the cause or manner of the injury. •The complaint was framed under subd. 1 of section 2590, and the testimony, we think, proves the averment that the…
2Cases cited13 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Macon & Western Railroad v. JohnsonSupreme Court of Georgia · 1868
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Wheelan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Daniels v. East Alabama Paving, Inc.Supreme Court of Alabama · 1999
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
17 more not listed; retrieve them via the Exa API.