Porter v. Louisville N. R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Blount County; J. E. Blackwood, Judge. Action by John- Porter, as administrator of the estate of M. S. Porter, against the Louisville & Nashville Railroad Company, for damages for the death of his intestate. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Blount County; J. E. Blackwood, Judge. Action by John- Porter, as administrator of the estate of M. S. Porter, against the Louisville & Nashville Railroad Company, for damages for the death of his intestate. Judgment for defendant, and plaintiff appeals. The following are the assignments of error referred to: (2) Overruling plaintiff’s objection to the following question to the witness Duke: “How did he find out you knew anything about it?” (6) Overruling plaintiff’s objection to the following question propounded to the witness Talford: “Did you know a man was…
1Opinion of the CourtSayre, J.
On a former appeal in this case we made a statement of the general aspects of the case to which we now refer. L. & N. R. R. Co. v. Porter, 196 Ala. 17, 71 South. 334. We reproduce as it was written what we then said with respect to the true issues in the case:
“Olearly, the deceased was a trespasser upon the track, and defendant owed him no original duty to know he was there; but if the engineer was apprised of the presence and peril of the deceased upon the track in time to save him by the prompt use of any means at his command, and thereupon negligently, willfully, or with conscious…
2Cases cited7 opinions
- Helton v. Alabama Midland RailroadSupreme Court of Alabama · 1892
- Central of Georgia Ry. Co. v. HyattSupreme Court of Alabama · 1907
- Pope v. StateSupreme Court of Alabama · 1913
- Brown v. St. Louis & S. F. R. R.Supreme Court of Alabama · 1911
- Carmichael v. StateSupreme Court of Alabama · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Alabama Great Southern R. Co. v. MoletteSupreme Court of Alabama · 1922
- Corona Coal & Iron Co. v. CallahanSupreme Court of Alabama · 1919
6 more not listed; retrieve them via the Exa API.