Gadsden & Attalla Union Railway Co. v. Julian
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disqtje. This was an action brought by the appellee, E. W. Julian, as administrator of the estate of James C. Julian, deceased, against the Gadsden & Attalla Union Eailway Co. Tlie complaint contained four counts. On the present appeal it is unnecessary to set out tlie second and third counts. The first and fourth counts of the complaint were as follows: “First.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disqtje. This was an action brought by the appellee, E. W. Julian, as administrator of the estate of James C. Julian, deceased, against the Gadsden & Attalla Union Eailway Co. Tlie complaint contained four counts. On the present appeal it is unnecessary to set out tlie second and third counts. The first and fourth counts of the complaint were as follows: “First. The plaintiff, who sues as the administrator of the estate of James C. Julian, deceased, claims of the defendant corporation the sum of twenty-five thousand dollars…
1Opinion of the CourtSharpe, J.
Counts 1 and 2 of the complaint are each wanting in particularity of averment, in that they fail to show either that plaintiff’s intestate when injured was not a trespasser on defendant’s track, or that defendant’s servants in charge of the train became aware of his perilous position on the track and were thereafter guilty of actionable misconduct. — Ensley R. R. Co. v. Chewning, 93 Ala. 25; Savannah & W. R. R. Co. v. Meadors, 95 Ala. 137; Highland Ave. & B. R. R. Co. v. Robbins, 124 Ala. 113; L. & N. R. R. Co. v. Brown, 121 Ala. 221.
A child as well as an adult may be a trespasser; and…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
- Savannah & Western Railroad v. MeadorsSupreme Court of Alabama · 1891
- Alabama Great Southern Railroad v. MoorerSupreme Court of Alabama · 1897
3Cited by12 opinions
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- Southern Ry. Co. v. ForristerSupreme Court of Alabama · 1908
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Southern Railway Co. v. SmithSupreme Court of Alabama · 1909
- Louisville N. R. Co. v. RogersSupreme Court of Alabama · 1942
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