Louisville & Nashville Railroad v. Webb
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jas. B. Head. This action was brought by Benjamin T. Webb, ag'ainst the appellant corporation, to recover damages for personal injuries sustained by j)laintiff, who was struck and knocked down by an engine and tender on the defendant’s road in one of the streets of Birmingham. The defendant pleaded not guilty, and contributory negligence, and issue was joined on these pleas.
Read the full summary
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jas. B. Head. This action was brought by Benjamin T. Webb, ag'ainst the appellant corporation, to recover damages for personal injuries sustained by j)laintiff, who was struck and knocked down by an engine and tender on the defendant’s road in one of the streets of Birmingham. The defendant pleaded not guilty, and contributory negligence, and issue was joined on these pleas. Under the rulings of the court, the trial resulted in a verdict and judgment for the plaintiff, for $13,000. The material facts proved on the trial, in…
1Opinion
[Dec. 9,1890. In response to application for re-hearing.]
STONE, O. J.
The foregoing opinion, and judgment reversing this cause, having been rendered at the last term of this court, a re-hearing was granted on the application of the appellee. In opening the case for further investigation, we were largely influenced by the frequent recurrence of the question, and by its great importance, alike to the travelling public and to railroad corporations. The industrious legal student can not have failed to discover the vast number <of cases which have been before the courts, in which the pivotal…
2Cases cited43 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
38 more not listed; retrieve them via the Exa API.