Brown v. St. Louis & S. F. R. R.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court.. Heard before Hon. A. O. Lane. Action by Samuel Brown as administrator, against the St. Louis & San Francisco Railroad Company, for damages for the wrongful death of his intestate. Judgment for defendant and plaintiff appeals. The allegations of the complaint sufficiently appear-from the opinion.
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Appeal from Jefferson Circuit Court.. Heard before Hon. A. O. Lane. Action by Samuel Brown as administrator, against the St. Louis & San Francisco Railroad Company, for damages for the wrongful death of his intestate. Judgment for defendant and plaintiff appeals. The allegations of the complaint sufficiently appear-from the opinion. The third, plea is as follows: “Separately and severally to each count defendant says that plaintiff’s said intestate was himself guilty of negligence, which proximately contributed to his said in-injuries, in this: That after finding himself in a place of danger…
1Opinion of the CourtSimpson, J.
This action is by the appellant, as administrator of Houston Ourv, deceased, for damages for the death of said decedent, under the homicide act. The said intestate was a boy between 13 and 14 years of age, *314and Avas killed by being struck by an engine drawing a train of cars, on a trestle of defendant’s.
The first count, as amended, charges that said intestate Avas on said trestle, “in a. place of danger on said track, and said intestate’s danger Avas seen by defendant’s servant or agent in charge or control of its engine or train Avhich struck said intestate, as hereinafter set out, in time to…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Pace v. Louisville & Nashville RailroadSupreme Court of Alabama · 1910
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Randle v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Francis v. Imperial Sanitary Laundry & Dry Cleaning Co.Supreme Court of Alabama · 1941
- Curlette v. StateAlabama Court of Appeals · 1932
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Louisville & Nashville Railroad v. AbernathySupreme Court of Alabama · 1915
11 more not listed; retrieve them via the Exa API.