Duncan v. St. Louis & San Francisco Railroad
Supreme Court of Alabama
Action for Injury to Person on Track. Appeal from Walker Law and Equity Court. Heard before Hon. Thomas L. Sowell. Action by Mary Duncan against the St. Louis & San Francisco Railroad Company. Prom a judgment for defendant, plaintiff appeals. This was an action of damages for injury occasioned by being struck by an engine of the defendant. The facts are sufficiently set out in the opinion of the court.
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Action for Injury to Person on Track. Appeal from Walker Law and Equity Court. Heard before Hon. Thomas L. Sowell. Action by Mary Duncan against the St. Louis & San Francisco Railroad Company. Prom a judgment for defendant, plaintiff appeals. This was an action of damages for injury occasioned by being struck by an engine of the defendant. The facts are sufficiently set out in the opinion of the court. The case was tried on counts 4, 5, 8, and 9. Count 4 was wanton, willful, or intentional misconduct. Count 5, after alleging the defendant was a corporation operating a railroad, etc., in the…
1Opinion of the CourtDenson, J.
The town of Cordova is a place of 2,500 inhabitants, and is located in Walker county. The defendant railroad, company has a line of railroad running through said county and town. In said town defendant has what the witnesses term a transfer track, located betxveen defendant’s main line and that of the Southern Railway. This transfer track intersects defendant’s main line on the northwest, and runs straight from that point in a southeasterly or southerly direction for nearly half a mile. Within a distance of 300 yards from said point of intersection there are three foot crossings on the…
2Cases cited35 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
30 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Smith v. StateAlabama Court of Appeals · 1913
- Davis v. SmithermanSupreme Court of Alabama · 1923
- Southern Railway Co. v. StewartSupreme Court of Alabama · 1907
- Randle v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1908
11 more not listed; retrieve them via the Exa API.