Lacey v. Louisville & N. R.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United.States for the Southern District of Alabama. The plaintiff in error, and plaintiff below, brought her action in the circuit court of- Conecuh county, Ala., against the Louisville & Nashville Railroad Company for the homicide of her husband on a public crossing over the track of the defendant railroad at Sparta, in Conecuh county, Ala.
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In Error to the Circuit Court of the United.States for the Southern District of Alabama. The plaintiff in error, and plaintiff below, brought her action in the circuit court of- Conecuh county, Ala., against the Louisville & Nashville Railroad Company for the homicide of her husband on a public crossing over the track of the defendant railroad at Sparta, in Conecuh county, Ala. On motion of defendant the cause was removed to the Circuit Court of the United States for the Southern District of Alabama. The facts connected with the occurrence resulting in the death of plaintiff’s intestate and…
1Opinion of the CourtNewman, District Judge
We think that this cause should have been submitted to the jury. We are not sure, under all the facts and circumstances connected with the case as brought out by the plaintiff’s evidence, that it should not have gone to the jury upon the question of negligence and contributory negligence, without reference to a further view of it, which is thought to be controlling. The learned judge who tried this case in the Circuit Court had sustained a demurrer to the pleas of contributory negligence in so far as these pleas operated against paragraph C of the amended declaration, which charged that the…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- McGhee v. CampbellCourt of Appeals for the Fifth Circuit · 1900
3Cited by9 opinions
- Adkisson v. City of SeattleWashington Supreme Court · 1953
- Fluckey v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1917
- Plant v. ThompsonSupreme Court of Missouri · 1949
- Love v. Fort Dodge, Des Moines & Southern RailroadSupreme Court of Iowa · 1929
- United States v. ClatterbuckDistrict Court, D. Maryland · 1939
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