Louisville & Nashville Railroad v. Orr
Supreme Court of Alabama
Appeal from the Oily Court of Decatur. Tried before the Hon. Wm. H. Simpson. This action was brought by Horace Orr, as administrator of the estate of Henry Griffin, deceased, to recover damages for the alleged wrongful and negligent acts of the defendant’s servants, which caused his death on the 4th May, 18S7; and was commenced on the 24th May, 1887. On the first trial, the plaintiff had a judgment on verdict for $1,500; but the judgment was reversed by this court on appeal,…
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Appeal from the Oily Court of Decatur. Tried before the Hon. Wm. H. Simpson. This action was brought by Horace Orr, as administrator of the estate of Henry Griffin, deceased, to recover damages for the alleged wrongful and negligent acts of the defendant’s servants, which caused his death on the 4th May, 18S7; and was commenced on the 24th May, 1887. On the first trial, the plaintiff had a judgment on verdict for $1,500; but the judgment was reversed by this court on appeal, and the cause was remanded. — 91 Ala. 548-55. On the second trial, the evidence being substantially the same as on the…
1Opinion of the CourtClopton, J.
— The grounds of demurrer, the overruling of which constitute the first five assignments of error, are: 1st, that the complaint does not state with certainty the act or omission of defendant, or of its servants or employés, which caused the injury to plaintiff’s intestate; 2d, that it does not show the nature of the superintendency intrusted to a person other than the conductor; nor, 3d, the nature of the service or *604employment of the person to whose orders deceased conformed ; 4th, that it does not show what the orders were; and 5th, that it shows the injury was caused by the negligence of…
2Cases cited5 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Williams v. StateSupreme Court of Alabama · 1887
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- Ga. Pacific Railway Co. v. PropstSupreme Court of Alabama · 1890
3Cited by11 opinions
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- McNeill v. StateSupreme Court of Alabama · 1893
- Alabama Fuel & Iron Co. v. WardSupreme Court of Alabama · 1915
- Northern Alabama Railway Co. v. KeySupreme Court of Alabama · 1907
- Louisville & N. R. Co. v. HarperSupreme Court of Alabama · 1919
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