Mobile & Montgomery Railway Co. v. Blakely
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. John K. Henry. This suit was begun by Sarah F. Blakely, as administratrix of George Blakely, in the Circuit Court of Conecuh county, against the Mobile and Montgomery Railway Company, to recover damages for the death of George Blakely, caused by a train of the corporation.
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Appeal from the Circuit Court of Conecuh. Tried before the Hon. John K. Henry. This suit was begun by Sarah F. Blakely, as administratrix of George Blakely, in the Circuit Court of Conecuh county, against the Mobile and Montgomery Railway Company, to recover damages for the death of George Blakely, caused by a train of the corporation. The defendantu pleaded in short, by consent, the general issue and contributory negligence, with leave to give in evidence anything that might properly be shown under appropriate pleading, and the same leave was given to plaintiff, to reply any matter as if put…
1Opinion of the Court
STONE, J.—
In Satterfield v. Mobile Trade Company, at December term, 1876, and in Tanner v. Louisville and Nashville Railroad Company, at the present term, we declared that persons in control of steamboats or locomotive engines must employ more than ordinary skill and diligence to prevent disasters. Our language was, “ that a common carrier who-employs steam as his motive power, must bring to the service-that degree of diligence which very careful and prudent men. *478take of their own affairs.” And in the case of the South and North Railroad Company v. Sullivan, during the present term, we said,…
2Cases cited3 opinions
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Tullis v. KiddSupreme Court of Alabama · 1847
- South & North Alabama Railroad v. JonesSupreme Court of Alabama · 1876
3Cited by17 opinions
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
- Memphis & Charleston Railroad v. CopelandSupreme Court of Alabama · 1878
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1882
- Ala. Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1885
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