Southworth v. Shea
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was an action brought by the -appellant, Mary A. Southworth, as administratrix of the estate of James Soutliwortli, deceased, against Thomas J. Shea, to recover damages, for the -death of the plaintiff’s intestate, which was alleged to have been caused by reason of the negligence of the defendant.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was an action brought by the -appellant, Mary A. Southworth, as administratrix of the estate of James Soutliwortli, deceased, against Thomas J. Shea, to recover damages, for the -death of the plaintiff’s intestate, which was alleged to have been caused by reason of the negligence of the defendant. Upon the examination of the plaintiff as a witness in her own behalf, and after she had testified that her intestate was her husband, she was asked the following question: “Wliat was his (intestate’s) usual time…
1Opinion of the CourtSharpe, J.
Defendant working under a contract with the city of Mobile made a man hole about two feet wide and five feet deep close to a car track and leading from the street surface to an underground sewer that was being constructed, and had piled beside the hole, dirt and other material which -obstructed part of the street. The complaint imputes to Mm negligence in failing to maintain lights of other thing to give warning of the obstructions. According to the first and third counts of the complaint plaintiff’s intestate fell into the hole and in attempting to get out in the only practicable way, which…
2Cases cited2 opinions
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
- Tuck v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
3Cited by34 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- McKinnon v. PolkSupreme Court of Alabama · 1929
- City of Bessemer v. ClowdusSupreme Court of Alabama · 1954
- Louisville & Nashville Railroad v. ChambleeSupreme Court of Alabama · 1910
- Ex Parte Diversey Corp.Supreme Court of Alabama · 1999
29 more not listed; retrieve them via the Exa API.