Southern Railway Co. v. Vessell
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by Mary Alice Yessell as administratrix, against the Southern Railway Company for the death of her testatrix. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by Mary Alice Yessell as administratrix, against the Southern Railway Company for the death of her testatrix. Judgment for plaintiff, and defendant appeals. The tenth count alleges that plaintiff’s intestate was employed by the Southern Railway Company, and, while actively engaged in the performance of his duties under said employment, was killed in Jefferson county by the collision of an engine upon which plaintiff’s intestate was then and there riding with another engine at a crossing of two railroads. Plaintiff avers…
1Opinion of the CourtChief Justice Anderson
This suit Avas brought under the Federal Employers'' Liability Act, and there was a judgment for the benefit, of Mary Alice Yessell, a sister of the deceased employee, who was alleged to have been killed through the negligence of the defendant’s servants in the operating of one of its trains, and it was admitted that the defendant was at the time engaged in interstate commerce.
The case was tried upon the tenth count alone, which proceeded under the original act of 1908, and not under section 9, amended by the act of 1910 (Act April 5,1910, c. 143, § 2, 36 Stat. 291 [U. S. Comp St. 1913, §…
2Cases cited10 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- Duval v. HuntSupreme Court of Florida · 1894
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Bortle v. Northern Pacific Railway Co.Washington Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Carianni v. SchwenkerNew Jersey Superior Court Appellate Division · 1955
- Young v. Honolulu Construction & Draying Co.Hawaii Supreme Court · 1938
- Auld v. Terminal Railroad Ass'n of St. LouisSupreme Court of Missouri · 1970
- Pittsburgh National Bank, Administrator of the Estate of Clifford B. Waltham, Deceased v. The Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1963
- Wells-Dickey Trust Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1926
4 more not listed; retrieve them via the Exa API.