Cardwell v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Heard before Hon. Htjgi-i D. Merrill. Action by Howard Cardwell, by next friend, against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. • The pleadings and facts sufficiently appear in the opinion.
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Appeal from Shelby Circuit Court. Heard before Hon. Htjgi-i D. Merrill. Action by Howard Cardwell, by next friend, against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. • The pleadings and facts sufficiently appear in the opinion. The following.is charge G, given for defendant: “The burden is upon plaintiff to prove by the evidence in this case, to your reasonable satisfaction, every material allegation of his complaint, or of some one count thereof, and, if he has not so reasonably satisfied you by the evidence, then yon must find a verdict…
1Opinion of the CourtSayre, J.
Plaintiff claimed damages for an injury suffered under the wheels of one of defendant’s cars. On the issue made by defendant’s denial of any negligence or wanton wrong in the premises, a jury found for the defendant, and plaintiff .appeals.
Defendant had three tracks which lay across a public road in the town of Shelby. Plaintiff, a boy about nine years of age, and six companions, were going home from school. As they approached the railroad, they found *631the nearest track blocked by defendant’s freight train. The conductor was on the ground at the crossing and caused the train to be broken at…
2Cases cited5 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Southern Ry. Co. v. ForristerSupreme Court of Alabama · 1908
- Central of Ga. Ry. Co. v. ChambersSupreme Court of Alabama · 1912
- Nashville, Chattanooga & St. Louis Railway Co. v. HarrisSupreme Court of Alabama · 1904
3Cited by9 opinions
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1940
- Atlantic Coast Line R. Co. v. FrenchSupreme Court of Alabama · 1954
- Louisville & Nashville Railroad v. MoranSupreme Court of Alabama · 1914
- Louisville & Nashville R. R. v. JonesSupreme Court of Alabama · 1914
- Smith v. Louisville N. R. Co.Supreme Court of Alabama · 1929
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