Southern Railway Co. v. Drake
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Elizabeth V. Drake as administratrix against the Southern Bilway Company for damages for the death of her intestate while trespassing upon the railroad track. Judgment for plaintiff and the defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Elizabeth V. Drake as administratrix against the Southern Bilway Company for damages for the death of her intestate while trespassing upon the railroad track. Judgment for plaintiff and the defendant appeals. No duty was imposed upon the engineer until he became actually conscious of the intestate’s peril, and under the facts in this case no duty was imposed on the engineer to take any steps to stop the train until the object was in fact discovered to be a human being. — Harris v. N. G. & St. L., 142 Ala. 249; see…
1Opinion of the CourtEvans, J.
This action is predicated upon section 27, Code 1896, and is brought by the administratrix of the estate of Jackson R. Drake, deceased, against the Southern Railway Company, a corporation, to recover damages for the alleged wrongful killing of the plaintiff’s intestate. The record (page 14) shows that the issues were determined between the parties by the rendition of the verdict returned by the jury on the 11th *543day of Maxell, 1908, and judgment was entered on that day. The bill of exceptions was signed and filed May 9, 1908; hence there is no merit in the appellee’s point that the bill was…
2Cases cited15 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
- Savannah & Western Railroad v. MeadorsSupreme Court of Alabama · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Young v. Woodward Iron Co.Supreme Court of Alabama · 1927
- Alabama Fuel & Iron Co. v. BushSupreme Court of Alabama · 1920
- Stowers v. Dwight Mfg. Co.Supreme Court of Alabama · 1918
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1933
19 more not listed; retrieve them via the Exa API.