Southern Railway Co. v. Bush
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by E. L. Bush and J. W. Prewitt, as administrators of the estate of Ora L. Bush, deceased, against the Southern Railway Company; and claimed $25,000 damages for tlie alleged wrongful killing of plaintiff’s intestate,by being run over and crushed by a locomotive engine operated on the defendant’s railroad by the defendant’s employes.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by E. L. Bush and J. W. Prewitt, as administrators of the estate of Ora L. Bush, deceased, against the Southern Railway Company; and claimed $25,000 damages for tlie alleged wrongful killing of plaintiff’s intestate,by being run over and crushed by a locomotive engine operated on the defendant’s railroad by the defendant’s employes. The complaint, as amended, contained fifteen counts. After demurrers were sustained to the several counts, the cause was tried upon the 1st, 10th, 12th, 14th and…
1Opinion of the CourtTyson, J.
— Ora L. Bush, the intestate of the appellees, while a trespasser on a railroad trestle of the appellant, was struck by a locomotive engine, operated by an engineer in the employment of the appellant, and received injuries from which he died. The overruling of the demurrer to the tenth count of the complaint is the only error assigned in relation to the pleadings. This count as amended is in the following words: “Planitiffs further claim of defendant 'the sum of twenty-five thous- and dollars, damages, for that whereas, heretofore, on to-wit: the 22d day of December, 1895, defendant was…
2Cases cited19 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
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3Cited by59 opinions
- Kennedy v. DavisSupreme Court of Alabama · 1911
- Louis Pizitz Dry Goods Co. v. YeldellSupreme Court of the United States · 1927
- Warren v. StateSupreme Court of Alabama · 1973
- Watson v. AdamsSupreme Court of Alabama · 1914
- Allred v. GravesSupreme Court of North Carolina · 1964
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