Legal Opinion

Northern Alabama Railway Co. v. Mansell

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 24 opinions

Appeal from the Circuit Court of Franklin. Tried before tlie Hon. Ed. B. Almon. This was an action brought by J. TV. Mansell, as administrator of the estate of William T. Barrett, deceased, against the Northern Alabama Railway Company and the Southern Railway Company, seeking to recover damages for the alleged negligent killing of the plaintiffs intestate. The complaint contained three counts, in each of which the plaintiff claimed fifty thousand dollars damages.

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Appeal from the Circuit Court of Franklin. Tried before tlie Hon. Ed. B. Almon. This was an action brought by J. TV. Mansell, as administrator of the estate of William T. Barrett, deceased, against the Northern Alabama Railway Company and the Southern Railway Company, seeking to recover damages for the alleged negligent killing of the plaintiffs intestate. The complaint contained three counts, in each of which the plaintiff claimed fifty thousand dollars damages. The first count averred that on August 29, 1900, “the defendants then owned and operated a line of railroad from the city of…

1Opinion of the CourtSharpe, J.

The complaint counts on the maintenance by defendants of a fence forming part of a stock gap in such proximity to their track as to cause plaintiff’s intestate to be knocked from a train and killed while be was performing work which he as a brakeman or flagman in their employ was required to do. It does not in either of its three counts impute negligence or other wrong to any fellow servant of the intestate, and is, therefore, not brought under the employer’s act embodied in Chapter 43 of the Code. — Holland v. Tenn. Coal, Iron & R. R. Co., 91 Ala. 444; Mobile & Ohio R. R. Co., v. George, 94…

2Cases cited16 opinions

  1. Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
  2. Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
  3. Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
  4. Wilkinson v. MoseleySupreme Court of Alabama · 1850
  5. Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890

11 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
  2. Kurn v. CountsSupreme Court of Alabama · 1945
  3. Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
  4. Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
  5. George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910

19 more not listed; retrieve them via the Exa API.

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