Southern Railway Co. v. Bryan
Supreme Court of Alabama
Appeal from 'the Circuit Court of Jefferson. Tried before Hon. James J. Banks. This action was brought by Pearl O. Bryan, as administratrix of Olías. M. Bryan, against the Southern Railway Oompany, claiming $30,000 damages for the killing of plaintiff’s intestate, which was alleged to have 'been caused by the negligence of the railway company. The complaint contained fourteen counts.
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Appeal from 'the Circuit Court of Jefferson. Tried before Hon. James J. Banks. This action was brought by Pearl O. Bryan, as administratrix of Olías. M. Bryan, against the Southern Railway Oompany, claiming $30,000 damages for the killing of plaintiff’s intestate, which was alleged to have 'been caused by the negligence of the railway company. The complaint contained fourteen counts. The plaintiff- did not insist upon hut the first, second and tliird counts, and it is only necessary to set out these three counts in detail; the court having given the general affirmative charge in favor of the…
1Opinion of the CourtHaralson, J.
Section 3111 of 'the Code provides: “When the tracks of two railroads cross each other, engineers and conductors must cause the trains of which they are in charge, to come to a full stop within one hundred feet of such crossing, and not proceed until they know the way to be clear; the train on the railroad having the older right of way being entitled to cross first.”
This statute as it appeared in the Code of 1867, § 1403, required these officers to come to a full stop 'within 50 feet of the place of crossing, and then to move forward slowly, the train of the elder road to have the privilege…
2Cases cited4 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Birmingham Mineral Railroad v. JacobsSupreme Court of Alabama · 1890
3Cited by13 opinions
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Young v. Woodward Iron Co.Supreme Court of Alabama · 1927
- Southern Railway Co. v. DeckerCourt of Appeals of Georgia · 1908
- Southern Railway Co. v. BonnerSupreme Court of Alabama · 1904
- Vessel v. Seaboard A. L. Ry. Co.Supreme Court of Alabama · 1913
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