Central of Georgia Railway Co. v. Blackmon
Supreme Court of Alabama
Damages for Injury to Person on Track. Appeal from Dale Circuit Court. Heard before Hon. M. Sol-lie. Action by James H. Blackmon, administrator, against tbe Central of Georgia Bailway Company, for damages for tbe death of his intestate. From a judgment for plaintiff, defendant appeals.
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Damages for Injury to Person on Track. Appeal from Dale Circuit Court. Heard before Hon. M. Sol-lie. Action by James H. Blackmon, administrator, against tbe Central of Georgia Bailway Company, for damages for tbe death of his intestate. From a judgment for plaintiff, defendant appeals. Count 1 is as follows: “The plaintiff, as administrator, claims of the defendant, the sum of $20,000 as damages, for this: That the defendant, on or about September 9, 1908, was engaged in operating a railroad in said county and running trains thereon for the transportation of passengers and freight. That on or…
1Opinion of the CourtAnderson, J.
The intestate being a trespasser on the defendant’s track at the time he was run over or against, and at a point where the defendant owed him no duty to keep a lookout, the defendant’s servants owed him only the duty of preventing the injury, if they could do so, after discovering his peril on the track, and after becoming aware that he could not or would not extricate himself therefrom. — Southern R. Co. v. Gullatt, 150 Ala. 318, 43 South. 577; Southern R. Co. v. Bush, 122 Ala, 470, 26 South. 168. Therefore, the complaint would not be good after showing that the intestate was a trespasser…
2Cases cited8 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Grauer v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1923
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Central of Georgia Railway Co. v. EllisonSupreme Court of Alabama · 1916
- Birmingham Railway, Light & Power Co. v. Aetna Accident & Liability Co.Supreme Court of Alabama · 1913
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
23 more not listed; retrieve them via the Exa API.