Louisville N. R. Co. v. Phillips
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County ; Robert C. Brickell, Judge. Action by J. W. Phillips against the Louisville & Nashville Railroad Company iand John Cobb, the engineer in 'charge of the train, for damages for the death of plaintiff’s minor son. There was judgment for plaintiff in the sum of $15,000, and defendants appeal.
1Opinion of the CourtAnderson, C. J.
[1] The fourth count of the complaint charged subsequent negligence on the part of the engineer for failing to give signals or alarms after discovering the peril of the intestate, and that said failure was the proximate cause of his death. It was not, therefore, necessary to negative the fact that intestate was a trespasser, and the count was not subject to this or any other ground of the defendant’s demurrer.
[2] The trial court erred in sustaining the plaintiff’s motion to exclude a certain portion of the defendant’s answer to the interrogatories filed under the statute. Sullivan Timber Co.…
2Cases cited8 opinions
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
- Louisville & Nashville R. R. v. BogueSupreme Court of Alabama · 1912
- Louisville & Nashville Railroad v. YorkSupreme Court of Alabama · 1900
- Smith v. YearwoodSupreme Court of Alabama · 1916
- Sullivan Timber Co. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Airheart v. GreenSupreme Court of Alabama · 1958
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- Atlantic Coast Line R. Co. v. FrenchSupreme Court of Alabama · 1954
- Jack Cole, Inc. v. WalkerSupreme Court of Alabama · 1941
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
10 more not listed; retrieve them via the Exa API.