Southern Railway Co. v. Harrison
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Flora Harrison as administratrix against the Southern Railway Company, for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Flora Harrison as administratrix against the Southern Railway Company, for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals. The complaint alleges in effect that plaintiff’s intestate was the servant, agent, or employee of the Mobile & Ohio Railroad Company; that said company then and there operated a train over and upon defendant’s line of railway with the consent of defendant for a reward ; that plaintiff’s intestate was then upon said train so operated by the Mobile & Ohio…
1Opinion of the Court
ANDERSON, C. J.(1) There was no error in sustaining the plaintiff’s demurrer to the defendant’s special pleas 9, 10, and 11. Plea 9 sets up the violation of a rule of the Mobile & Ohm Company, but does not set up any facts to show that said rule was made for defendant’s benefit, or that it was in any wise connected therewith. Pleas 10 and 11 set up a violation of the defendant’s rules, but fail to show any facts making the plaintiff’s intestate subject thereto or bound by them. The intestate was employed by and was working for the Mobile & Ohio Company, and the rules of this defendant as to…
2Cases cited3 opinions
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Birmingham Water Works Co. v. WilsonAlabama Court of Appeals · 1911
- Birmingham Water Works Co. v. MurrayAlabama Court of Appeals · 1911
3Cited by6 opinions
- Motley v. StateSupreme Court of Alabama · 1922
- Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918
- Melvin v. StateAlabama Court of Appeals · 1944
- Davis v. StateAlabama Court of Appeals · 1945
- Jones v. Tennessee Coal, Iron & R.Supreme Court of Alabama · 1918
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