Brown v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. J. R. Tyson. This action was brought by Henry H. Brown, as administrator of the estate of James L. Brown, deceased, on October 15, 1891, against the Louisville and Nashville Railroad Company, to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, alleged to have been caused by the negligence of defendant’s employés. ' The complaint as originally filed contained five counts.
Read the full summary
Appeal from the Circuit Court of Mobile. Tried before the Hon. J. R. Tyson. This action was brought by Henry H. Brown, as administrator of the estate of James L. Brown, deceased, on October 15, 1891, against the Louisville and Nashville Railroad Company, to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, alleged to have been caused by the negligence of defendant’s employés. ' The complaint as originally filed contained five counts. It was subsequently amended by the addition of 11 other counts. The rulings in reference to some of tjie counts of the…
1Opinion of the Court
McCLELLÁN, J.
The circuit court erred in overruling plaintiff's demurrer to second plea to seventh count of the complaint. We are unable to see that the plaintiff could be charged with negligence, for that he did an act in violation of a rule, unless he knew the rule. Negligence can only be affirmed in respect of situations and conditions known to the party to whom it is imputed. Surely a man could not be guilty of a negligent violation of a rule of which he had no knowledge, the act done not being negligence per se. Notice is not in such cases of the equivalent of knowledge. A brakeman would…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
- Richmond & Danville Railroad v. JonesSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. HawkinsSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- King Manufacturing Co. v. WaltonCourt of Appeals of Georgia · 1907
11 more not listed; retrieve them via the Exa API.