Birmingham Southern R. Co. v. Harrison
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Romaine Boycl, Judge. Action by Mrs. Mary E. Harrison, as administratrix of the estate of J. E. Mackey, against the Birmingham Southern Railroad Company for damages for the death of her intestate in a collision between an automobile in which intestate was riding and an engine of the defendant. Judgment for the plaintiff in the sum of $22,500, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; Romaine Boycl, Judge. Action by Mrs. Mary E. Harrison, as administratrix of the estate of J. E. Mackey, against the Birmingham Southern Railroad Company for damages for the death of her intestate in a collision between an automobile in which intestate was riding and an engine of the defendant. Judgment for the plaintiff in the sum of $22,500, and defendant appeals. The pleadings and the facts sufficiently appear from the opinion of the court. The following are the charges referred to in the opinion: Defendant’s given charge 10: I charge you,…
1Opinion of the CourtThomas, J.
The suit is for personal injury under the Homicide Act. Code, § 2486. The complaint contains counts for simple negligence, for subsequent negligence, and for wanton, willful, or intentional conduct.
Defendant pleaded the general issue to the several counts and special pleas 2 and 3 to the first count. The second plea sought to allege contributory negligence on the part of plaintiff’s intestate in his riding in an automobile with a. driver by him known to be careless, reckless, and incompetent, and in that said driver negligently failed to stop, look, and listen before crossing the railroad…
2Cases cited96 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Little v. HackettSupreme Court of the United States · 1886
91 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Alabama Power Company v. SmithSupreme Court of Alabama · 1962
- Boyette v. BradleySupreme Court of Alabama · 1924
- INTERNATIONAL UNION, ETC. v. RussellSupreme Court of Alabama · 1956
56 more not listed; retrieve them via the Exa API.