Louisville & Nashville Railroad v. Perkins
Supreme Court of Alabama
Death of Passenger. Apppeal from Escambia Circuit Court. Heard before Hon. J. C. Richardson. Action by W. P. Perkins as administrator, against the Louisville & Nashville Railroad Company, for damages, for the death of his intestate while a passenger. Judgment for plaintiff and defendant appeals. — The court erred in permitting the witness Burke to be asked if be bad not sworn out a warrant against Williams for perjury.
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Death of Passenger. Apppeal from Escambia Circuit Court. Heard before Hon. J. C. Richardson. Action by W. P. Perkins as administrator, against the Louisville & Nashville Railroad Company, for damages, for the death of his intestate while a passenger. Judgment for plaintiff and defendant appeals. — The court erred in permitting the witness Burke to be asked if be bad not sworn out a warrant against Williams for perjury. While it is a general rule that objections must be interposed to tbe question before the answer is made, the exception to that rule is that it may be objected to-at any time if…
1Opinion of the CourtSimpson, J.
— This is an action for damages on account of the death of plaintiff’s (appellee’s) intestate, and has been before this court twice before. — L. & N. R. Co. v. Perkins, 144 Ala. 325, 39 South. 305; L. & N. R. R. Co. v. Perkins, 152 Ala. 133, 44 South. 602.
1. As the answer to the questions to-the witness Burke in regard to instituting proceedings for perjury were favorable to the defeudant, if there ivas error in overruling objections to the questions, it was without injury. — L. & N. R. R. v. Banks, 132 Ala. 485, 31 South. 573.
2. For a similar reason, and because the objection was not made…
2Cases cited8 opinions
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1907
- Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
- Abbett v. PageSupreme Court of Alabama · 1890
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
- Louisville & Nashville Railroad v. BanksSupreme Court of Alabama · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Louisville & N. R. R. v. WilliamsSupreme Court of Alabama · 1913
- Alabama Power Co. v. GoodwinSupreme Court of Alabama · 1923
- Mitchell v. StateAlabama Court of Appeals · 1938
- Reliance Life Ins. Co. v. RussellSupreme Court of Alabama · 1922
- Mauritz v. BellCourt of Appeals of Texas · 1934
8 more not listed; retrieve them via the Exa API.