Alabama Great Southern Railroad v. Hamilton
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wiliobrson. This was an action by Fred D. Hamilton,' as administrator of the estate of Alfred Wicks, deceased, to recover damages for the allaged wanton or intentional killing of plaintiff’s intestate. .The trial was had on the plea of the general issue.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wiliobrson. This was an action by Fred D. Hamilton,' as administrator of the estate of Alfred Wicks, deceased, to recover damages for the allaged wanton or intentional killing of plaintiff’s intestate. .The trial was had on the plea of the general issue. The evidence showed that Wicks was killed by appellant’s passenger train, at a point, on defendant’s track distant from- one-quarter to three-quarters of a mile from Powderly. The .train was about ten minutes late and was running .at a rate of speed estimated by plaintiff’s…
1Opinion of the CourtMcCLELLAN, C. J.
TlK're was evidence, adduced on the trial upon which it was open to the jury to -find that, the train which ran against and killed ..Wicks, plaintiff's intestate, was running from twenty-five to forty-five1 miles an hour when the engineer discovered him-on the track, that a train such as that .was, going at that rati1 of speed on an up-grade such as existe,d at the place, could he stopped within one hundred and twenty-five yards, that the engineer discovered Wicks when the engine was more than two hundred yards from him, that he was then sitting on the end of a cross-tie or between .tin1 ends…
2Cited by15 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- W. M. Templeton & Son v. DavidSupreme Court of Alabama · 1937
- Southern Railway Co. v. DeckerCourt of Appeals of Georgia · 1908
- Lindsay Products Corp. v. Alabama Securities Corp.Supreme Court of Alabama · 1946
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