Southern Railway Co. v. Crawford
Supreme Court of Alabama
Appear from 5Tadison Circuit Court. Heard before Hon. I). W. Speatce. Action by W, B. Crawford against the Southern Railway Company, for injuries received in a railway crossing accident. Judgment for plaintiff and defendant appeals.
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Appear from 5Tadison Circuit Court. Heard before Hon. I). W. Speatce. Action by W, B. Crawford against the Southern Railway Company, for injuries received in a railway crossing accident. Judgment for plaintiff and defendant appeals. The negligence alleged was not in law the proximate cause of the injury complained. of under the allegations of either count. — Staunton’s Case, 91 Ala. 382; Mutch’s Case; Wilson’s Case, 146 Ala. 285. Hence, demurrers raising this question should have been sustained to all the counts. Demurrers 6 and 10 should have been sustained as they properly raise a…
1Opinion of the CourtSayre, J.
Appellee sued for injuries to Ms person and property sustained by collision with an engine at a public road crossing. Count 1 alleges that the defendant by its servants negligently ran an engine towards the pike along which plaintiff was driving, thereby causing plaintiff’s team to become- frightened and run across the track in front of the engine, where it was - struck, with the result complained of. It has become too well established by repeated decisions to need further discussion that, where the gravamen of the complaint is the alleged misfeasance or nonfeasance of another, it is not…
2Cases cited12 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Norton v. Eastern RailroadMassachusetts Supreme Judicial Court · 1873
- Stanton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
- Reynolds v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Montgomery Light Water Power Co. v. ThombsSupreme Court of Alabama · 1920
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Alabama Fuel & Iron Co. v. BushSupreme Court of Alabama · 1920
- Cannon v. Louisville N. R. Co.Supreme Court of Alabama · 1949
- Western Railway v. MaysSupreme Court of Alabama · 1916
17 more not listed; retrieve them via the Exa API.