Southern Ry. Co. v. Gullatt
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by Samuel Gullatt, as administrator, against tlie Southern Railway Company. From a judgment for plaintiff, defendant appeals. This Nas an action for killing á person on defendant’s right of way or track. Demurrers were interposed to the first count, and sustained. The third count was charged out by the court.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by Samuel Gullatt, as administrator, against tlie Southern Railway Company. From a judgment for plaintiff, defendant appeals. This Nas an action for killing á person on defendant’s right of way or track. Demurrers were interposed to the first count, and sustained. The third count was charged out by the court. The second count alleged that plaintiff’s intestate was on the track and in a position of peril from the approaching train; that the agents ■and servants of defendant saw the peril of the intestate 'in time t<5…
1Opinion of the Court
.AND EE SON, J.
The intestate Avas a trespasser on the defendant’s track at the time he Avas killed, whether standing, walking, or lying down, and Avas at a point on the line AAdiere the defendant OAved him no duty to keep a lookout, but owed him only the duty of using all reasonable efforts to prevent the injury after discovering his peril on the.track and after becoming aAvare that he could not or Avould not extricate himself therefrom.—Southern Ry. Co. v. Bush, 122 Ala. 470, 26 South. 168; Black’s Case, 89 Ala. 313, 8 South. 246; Moorer’s Case, 116 Ala. 642, 22 South. 900. There Avas no…
2Cases cited5 opinions
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Brock v. StateSupreme Court of Alabama · 1898
- Nave v. Alabama Great Southern RailroadSupreme Court of Alabama · 1892
- Alabama Great Southern Railroad v. MoorerSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. BlackSupreme Court of Alabama · 1889
3Cited by13 opinions
- Thompson v. HavardSupreme Court of Alabama · 1970
- Central of Georgia Railway Co. v. BlackmonSupreme Court of Alabama · 1910
- Seaboard Air Line Railway Co. v. DorseySupreme Court of Florida · 1932
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Southern Railway Co. v. StewartSupreme Court of Alabama · 1907
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