Louisville N. R. Co. v. Abercrombie
Alabama Court of Appeals
Appeal from Circuit Court, Cullman County; Robert C. Brickell, Judge. Action by W. W. .Elenn, as administrator of Lucy Flenn, revived in the • name of George Abercrombie, as administrator de bonus non, for damages for injuries to Mrs. Flenn caused by her horse taking fright at the approach of a train near a crossing, running away, and injuring Mrs. Flenn. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Cullman County; Robert C. Brickell, Judge. Action by W. W. .Elenn, as administrator of Lucy Flenn, revived in the • name of George Abercrombie, as administrator de bonus non, for damages for injuries to Mrs. Flenn caused by her horse taking fright at the approach of a train near a crossing, running away, and injuring Mrs. Flenn. Judgment for plaintiff, and defendant appeals. Plaintiff was driving along a public road parallel with and approaching the railroad, crossing it at a sharp angle. The horse became frightened as the train passed' while the horse was about 25…
1Opinion of the CourtSameord, J.
This is the second appeal in this case, L. & N. R. R. Co. v. Flenn, 201 Ala. 299, 78 South. 75. On that appeal it was held:
“In an action for injuries to plaintiff when her buggy was overturned through her horse becoming frightened at the whistle and rush of a train, whether the necessary causal connection had been shown between the railroad’s failure to comply with Code 1907, § 5473, as to warning of the approach of the train, and plaintiff’s injury, was for the jury on evidence that the railroad did not comply with the statute, that plaintiff was not otherwise apprised of the approach of the…
2Cases cited5 opinions
- Jacobi v. StateSupreme Court of Alabama · 1901
- Southern Railway Co. v. CrawfordSupreme Court of Alabama · 1909
- Ala. Great Southern Railroad v. ChapmanSupreme Court of Alabama · 1886
- Seaboard Air Line Ry. Co. v. EmfingerAlabama Court of Appeals · 1917
- Louisville N. R. Co. v. FlennSupreme Court of Alabama · 1918
3Cited by1 opinion
- Gulf Coast Lumber Co. v. MilesSupreme Court of Alabama · 1921