Grauer v. Alabama Great Southern R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Greene County; S. F. Hobbs, Judge. ■Action by L. M. Grauer, as administrator of the estate of Hylton Grauer, deceased, against tbe Alabama Great Southern Railroad Company, for damages ■ for wrongful death of intestate. From a judgment for defendant, plaintiff appeals. Plaintiff’s intestate was killed, while walking on defendant’s track, by 'a local freight train, which was backing a short distance to a spur track.
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Appeal from Circuit Court, Greene County; S. F. Hobbs, Judge. ■Action by L. M. Grauer, as administrator of the estate of Hylton Grauer, deceased, against tbe Alabama Great Southern Railroad Company, for damages ■ for wrongful death of intestate. From a judgment for defendant, plaintiff appeals. Plaintiff’s intestate was killed, while walking on defendant’s track, by 'a local freight train, which was backing a short distance to a spur track. The complaint is in five counts, the first •four declaring on simple and ''subsequent negligence, and the fifth on wanton - and wrongful injury. The trial…
1Opinion of the CourtSomerville, J.
We have examined the testimony in the record with studious care, and our conclusion, in accord with the ruling of the trial court, is that there was nothing from which the jury could rationally find that any member of the train crew operating the train that killed the intestate had knowledge at any time that, he was on the track in front of the backing train, and in peril from its movement; from which it results that the jury were properly instructed that-they could not find for tile plaintiff on the subsequent negligence count. It is conceded that the first three counts for simple original…
2Cases cited13 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Boyette v. BradleySupreme Court of Alabama · 1924
- Smith v. BaggettSupreme Court of Alabama · 1928
- Kelly v. HanwickSupreme Court of Alabama · 1934
- Williams v. WickerSupreme Court of Alabama · 1938
- Austin v. Tennessee Biscuit Co.Supreme Court of Alabama · 1951
27 more not listed; retrieve them via the Exa API.