Carlisle v. Alabama Great Southern Railway
Supreme Court of Alabama
Appear from Bessemer City Court. Heard before Hon. William Jackson. Action by Elma Carlisle as administratrix, etc., against the Alabama Great Southern Railroad Company for the death of her intestate. Judgment for defendant, and plaintiff appeals. The case made by the pleadings and evidence is sufficiently stated in the opinion of the court.
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Appear from Bessemer City Court. Heard before Hon. William Jackson. Action by Elma Carlisle as administratrix, etc., against the Alabama Great Southern Railroad Company for the death of her intestate. Judgment for defendant, and plaintiff appeals. The case made by the pleadings and evidence is sufficiently stated in the opinion of the court. The evidence to which objection was sustained, which is referred to in. the opinion, is as follows: Plaintiff asks its witness George Going if there was an arc light between Alabama avenue and Arlington avenue; also its witness Lipscomb whether or not…
1Opinion of the CourtSayre, J.
The point on defendant’s track where the body of plaintiff’s intestate was found after death, and the point where he had been crushed and whence his body had been dragged a short distance by the train, were within the corporate limits of the city of Bessemer, but were not in any road or street nor at any road or street crossing. The track was straight for some *595distance in either direction. This track and others were upon the defendant’s right of -way which lay immediately between two avenues; the turn avenues and the intervening right of way covering an open space, wcjudge, from 200 to 250…
2Cases cited3 opinions
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1909
3Cited by27 opinions
- SH Kress & Company v. ThompsonSupreme Court of Alabama · 1957
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
- Ex parte Southern Ry. Co.Supreme Court of Alabama · 1913
- Louisville N. R. Co. v. DavisSupreme Court of Alabama · 1938
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
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