Walker v. Alabama, Tennessee & Northern Railway Co.
Supreme Court of Alabama
Appeal from Sumter Circuit Court. Heard before Hon. Bernard Harwood. Action by O. M. Walker, as administratrix of the estate of J. P. Stallings, against tbe Alabama, Tennessee & Northern Railway. Judgment for defendant, and plaintiff appeals.
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Appeal from Sumter Circuit Court. Heard before Hon. Bernard Harwood. Action by O. M. Walker, as administratrix of the estate of J. P. Stallings, against tbe Alabama, Tennessee & Northern Railway. Judgment for defendant, and plaintiff appeals. The first count alleges that: Defendant was operating a railroad in and through Sumter county, Ala., and in said county was a certain public road crossing known as McElroy’s Mill Crossing, and plaintiff avers that on the 16th day of May, 1914, while his said intestate was crossing defendant’s railroad in a wagon at said crossing, the said wagon was…
1Opinion of the Court
SAYRE, J.—
(1-5) Count A is identical with count 1, except that the first-named count omits the word “public” where it is used in the latter to describe the road cross*363ing at which plaintiff’s intestate received, the injuries which resulted in his death. The proper construction of count A, then, is that intestate was crossing defendant’s railroad at a private or neighborhood crossing. On the averments of count A plaintiff’s intestate, while crossing the track at that place, was not a wrongdoer, but was entitled to such consideration as the law accords to a bare licensee. The specific…
2Cases cited6 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Robinson v. CrotwellSupreme Court of Alabama · 1911
- Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
- Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Liverett v. Nashville, Chattanooga & St. L. Ry.Supreme Court of Alabama · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- Metropolitan Life Ins. Co. v. ChambersSupreme Court of Alabama · 1932
- Brown & Flowers v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1916
- Central of Georgia Ry. Co. v. BatesSupreme Court of Alabama · 1932
- Alabama Power Co. v. EmensSupreme Court of Alabama · 1934
20 more not listed; retrieve them via the Exa API.