Central of Georgia Railway Co. v. Bell
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Heard before Hon. Hugh D. Merrill. Action by R. G. Bell, as administrator of L. F. D. Rosser, deceased, against the Central of Georgia Railway Company, for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals.
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Appeal from Talladega Circuit Court. Heard before Hon. Hugh D. Merrill. Action by R. G. Bell, as administrator of L. F. D. Rosser, deceased, against the Central of Georgia Railway Company, for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals. The complaint is as follows: Count 1: Plaintiff, as such administrator claims of defendant the sum of $50,-000 damages for that, whereas, on or about, to wit, May 31, 1913, defendant was a common carrier of passengers by means of a railroad over which it ran trains of cars propelled by locomotive or steam engines…
1Opinion of the CourtMcCLELLAN, J.
The action is for damages, instituted by appellee against appellant, which is a common carrier.
Appellee’s intestate (L. D. F. Rosser) was killed at Sylacauga by being run upon by cars in operation on appellant railway.
The report of the appeal will contain amended counts 1 and 3, upon Avhieh the trial Avas had.
The pleas were the general issue, and, in addition, as respects the third count, contributory negligence on the part of Rosser. Count 1, as last amended, ascribed Rosser’s injury to the wanton, willful, or intentional misconduct of defendant’s servants Avhereby a freight car Avas run…
2Cases cited4 opinions
- Louisville & N. R. R. v. WilliamsSupreme Court of Alabama · 1913
- North Birmingham Railway Co. v. LiddicoatSupreme Court of Alabama · 1892
- Kilgore v. StanleySupreme Court of Alabama · 1890
- Ala. City, G. & A. Ry. Co. v. BatesSupreme Court of Alabama · 1907
3Cited by14 opinions
- Hayes v. StateCourt of Criminal Appeals of Alabama · 1980
- Prater v. Traders & General Ins. Co.Court of Appeals of Texas · 1935
- George D. Witt Shoe Co. v. MillsSupreme Court of Alabama · 1932
- Hardaman v. StateAlabama Court of Appeals · 1919
- Cook v. LatimerSupreme Court of Alabama · 1966
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