Southern Ry. Co. v. Flynt
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County ; J. E. Blackwood, Judge. Suit by W. F. Flynt against tbe Southern Railway Company. From judgment for plaintiff, defendant appeals.
1Opinion of the CourtSomerville, J.
The complaint charges that the defendant corporation “owns, operates, or controls” the railroad track to whose alleged defective condition at a public road crossing tbe plaintin’s injury is attributed.
[1] The theory of the demurrer is that the alternative averment, “or controls,” is in itself insufficient to show such a relation of this defendant to this railroad track as to impose upon defendant the duty of keeping the crossing in repair. “Control” is a synonym of “management.” Gray v. Parke, 162 Mass. 582, 39 N. E. 191; Youngworth v. Jewell, 15 Nev. 45, 48; B. R., L. & P. Co. v. Milbrat, 78…
2Cases cited7 opinions
- Birmingham Ry., Light & Power Co. v. MilbratSupreme Court of Alabama · 1917
- Patterson v. South & North Ala. RailroadSupreme Court of Alabama · 1889
- Nashville, Chattanooga & St. Louis Railway v. RaganSupreme Court of Alabama · 1910
- Western Railway v. WallaceSupreme Court of Alabama · 1911
- Youngworth v. JewellNevada Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Alabama Great Southern R. Co. v. BishopSupreme Court of Alabama · 1953
- Gulf, M. N. R. Co. v. PistoleSupreme Court of Alabama · 1928
- Whalen v. RuizCalifornia Supreme Court · 1953
- Whalen v. RuizCalifornia Supreme Court · 1953