Louisville & Nashville Railroad v. Webb
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jas. B. Head. This action was brought by Benjamin T. Webb, ag'ainst the appellant corporation, to recover damages for personal injuries sustained by j)laintiff, who was struck and knocked down by an engine and tender on the defendant’s road in one of the streets of Birmingham. The defendant pleaded not guilty, and contributory negligence, and issue was joined on these pleas.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jas. B. Head. This action was brought by Benjamin T. Webb, ag'ainst the appellant corporation, to recover damages for personal injuries sustained by j)laintiff, who was struck and knocked down by an engine and tender on the defendant’s road in one of the streets of Birmingham. The defendant pleaded not guilty, and contributory negligence, and issue was joined on these pleas. Under the rulings of the court, the trial resulted in a verdict and judgment for the plaintiff, for $13,000. The material facts proved on the trial, in…
1Opinion of the Court
STONE, O. J.
The injury in this case was suffered in the city of Birmingham, at a point on Twenty-fourth street, where the defendant corporation and the Alabama Great Southern Bailroad cross that street, on tracks parallel with each other, and about eleven feet apart. The business house of plaintiff, Webb, was near the crossing, and he was familiar with the place, and with the fact that the two railroads crossed the street at that place. Both the testimony and the diagram attached to the transcript show that this crossing was within the area used by defendant for switching purposes, and that…
2Cases cited10 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- South & North Alabama Railroad v. ThompsonSupreme Court of Alabama · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Hines v. PartridgeTennessee Supreme Court · 1920
23 more not listed; retrieve them via the Exa API.