McWilliams v. Birmingham Southern R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Romaine Boyd, Judge. Action by Sudie N. McWilliams, as administratrix of the estate of L. L. McWilliams, against the Birmingham Southern Railway Company for damages. From an order setting aside a judgment in her favor, plaintiff appeals.
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Appeal from Circuit Court, Jefferson County ; Romaine Boyd, Judge. Action by Sudie N. McWilliams, as administratrix of the estate of L. L. McWilliams, against the Birmingham Southern Railway Company for damages. From an order setting aside a judgment in her favor, plaintiff appeals. The complaint is as follows: Count 1: The plaintiff, suing as the administratrix of the estate of Louis Lee McWilliams, deceased, claims of the defendant, a corporation, the sum of $100,000 as damages, for that heretofore, to wit, on October 3, 1916, plaintiff’s intestate was employed by the defendant as a…
1Opinion of the CourtMcCLELLAN, J.
This appeal is prosecuted by the plaintiff (appellant) to review, alone, the action of the trial court in granting the motion for new trial. It contained 94 grounds; but only a part of the grounds assigned are pressed in brief for appellee as justifying the action of the court in granting the motion for new trial. Louis McWilliams was a locomotive engineer, in defendant’s (appellee’s) service, on one of the “hot metal runs” between furnaces at Bessemer and the steel mill at Ensley; and on the night of October 3, 1918, while making the run indicated, moving one ladle of hot metal, a collision…
2Cases cited5 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Watson v. AdamsSupreme Court of Alabama · 1914
- Alabama Great Southern Railroad v. RoachSupreme Court of Alabama · 1895
- Cox v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1909
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1895
3Cited by5 opinions
- Wilson v. StateAlabama Court of Appeals · 1935
- City of Montgomery v. SmithSupreme Court of Alabama · 1921
- Rion v. ReevesSupreme Court of Louisiana · 1909
- Logan v. WindbiglerSupreme Court of Alabama · 1968
- Wilson v. StateAlabama Court of Appeals · 1935