Louisville & Nashville Railroad v. Richards
Supreme Court of Alabama
Appeal from tbe Circuit Court of Cullman. Tried before tbe Hon. H. C. Speake. Action by William Bichareis, administrator, against tbe Louisville & Nashville Railroad Company to recover for tbe death of plaintiff’s intestate, caused by defendant’s negligence.
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Appeal from tbe Circuit Court of Cullman. Tried before tbe Hon. H. C. Speake. Action by William Bichareis, administrator, against tbe Louisville & Nashville Railroad Company to recover for tbe death of plaintiff’s intestate, caused by defendant’s negligence. The testimony was without conflict that, as one of defendant’s work trains was moving backwards towards the north in tbe town of Cullman, at .a speed variously estimated at from three to six miles per hour, the rear car of tbe train struck deceased, knocked bim down, ran over him, and so injured him that he died. The testimony showed that…
1Opinion of the CourtColeman, J.
There are some principles of law applicable to suits brought to recover damages for injuries sustained in consequence of the negligence or intentional miscondnct of others, which have been repeatedly declared by this court.
One of these is, that where the facts without conflict, show affirmatively that the plaintiff was guilty of negligence, which proximately contributed to his own injury, the conclusion is one of law, and should be so pronounced by the court, and not referred to a jury. Another familiar principle is, that it is the duty of travellers or persons intending to cross a…
2Cases cited13 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Memphis & Charleston Railroad v. CopelandSupreme Court of Alabama · 1878
- Stringer v. Alabama Mineral RailroadSupreme Court of Alabama · 1892
- Gothard v. Alabama Great Southern R. R.Supreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Central of Georgia Ry. Co. v. HyattSupreme Court of Alabama · 1907
- Oklahoma City Ry. Co. v. BarkettSupreme Court of Oklahoma · 1911
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
8 more not listed; retrieve them via the Exa API.