Ledbetter v. St. Louis & S. F. Ry. Co.
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Mark Ledbetter as administrator, against the St. Louis & San Francisco Railroad Company for damages for the death of his intestate. Judgment for defendant and plaintiff appeals. Count 1 of the complaint is' good. — So.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Mark Ledbetter as administrator, against the St. Louis & San Francisco Railroad Company for damages for the death of his intestate. Judgment for defendant and plaintiff appeals. Count 1 of the complaint is' good. — So. Ry. v. Hyde, 164 Ala. 162. Counts 3 and 4were good.' — -Stringer v. R. R. Go., 99 Ala. 397. The assignment of error most insisted upon is the giving of the affirmative charge at the request of defendant, and the. following authorities are cited thereto. — Secs. 5473, 5476, Code 1906; 33 Cyc. 920, et…
1Opinion of the CourtMcCLELLAN, J.
— This is an action for damages for haying caused the wrongful death of plaintiff’s (appellant’s) intestate. It is reasonably clear from the evidence and inferences to’be drawn therefrom that intesstate was run upon and' killed by a locomotive operated, by an employee of the defendant, upon the railroad of the _defendant. Under this state of the evidence, if credited by the jury as establishing the intestate’s injury by a locomotive, operated by defendant’s servants on its railroad, Code, § 5476, cast the burden of proof on the defendant to acquit itself of negligence, for which it was…
2Cases cited20 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
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3Cited by10 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Foster & Creighton Co. v. St. Paul Mercury Indemnity Co.Supreme Court of Alabama · 1956
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Louisville & Nashville Railroad v. MoranSupreme Court of Alabama · 1914
- Empire Coal Co. v. MartinSupreme Court of Alabama · 1914
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