Louisville & Nashville Railroad v. Mitchell
Supreme Court of Alabama
Appeal' torn the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellee,' Sallie E. Mitchell, as the administratrix of the estate of Thweatt E. Mitchell, against the appellant, to- recover damages for the alleged negligent killing of Thweatt E. Mitchell, her intestate, who was run over and kiiled by a train of the defendant in the village of Elmore, on January 1, 1900; the plaintiff claiming $25,000. The Complaint, originally…
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Appeal' torn the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellee,' Sallie E. Mitchell, as the administratrix of the estate of Thweatt E. Mitchell, against the appellant, to- recover damages for the alleged negligent killing of Thweatt E. Mitchell, her intestate, who was run over and kiiled by a train of the defendant in the village of Elmore, on January 1, 1900; the plaintiff claiming $25,000. The Complaint, originally contained three counts, and a fourth count was added by amendment. On the trial of the cause, the court gave the…
1Opinion of the CourtHakalson, J.
1. Count 3 of the complaint was intended to be one for wantonness' or willfulness, and was so treated on the trial. Against it, as a, count of tlhis character, a demurrer on several pertinent grounds was interposed, which was overruled.
The count alleges, that “defendant through its servant or agent in charge or control of said locomotive engine, wantonly or intentionally caused the death of plaintiff’s intestate, in the manner following, viz.: said servant or agent, with knowledge or notice that numerous persons were? or would likely be upon the tracks of said railroad in said town or village…
2Cases cited6 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
- Nave v. Alabama Great Southern RailroadSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Jones v. KeithSupreme Court of Alabama · 1931
- Southern Railway Co. v. WeatherlowSupreme Court of Alabama · 1907
17 more not listed; retrieve them via the Exa API.