Louisville & Nashville R. R. v. Fitzgerald
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Action by Mamie M. Fitzgerald, as administratrix, against the Louisville & Nashville Railroad Company, for damages for the death of her husband. The action is based on the employer’s liability act (Code 1907, § 3910). Plaintiff had judgment, and defendant appeals.
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Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Action by Mamie M. Fitzgerald, as administratrix, against the Louisville & Nashville Railroad Company, for damages for the death of her husband. The action is based on the employer’s liability act (Code 1907, § 3910). Plaintiff had judgment, and defendant appeals. The case was tried on the following counts: (11) “Plaintiff, as administratrix aforesaid, claims of the defendant the sum of $50,000 damages, for that on, to wit, the 27th day of March, 1907, defendant was operating a railroad from Selma, Ala., to Myrtlewood, Ala.,…
1Opinion of the CourtMcCLELLAN, J.
J. D. Fitzgerald was an engineer in the employ of the defendant (appellant), and his run was between Selma and Myrtlewood. While en route, within his duty, from the former to the latter point, a short distance west of Thomaston, his engine struck a metal brake beam lying on the track, was derailed, and Fitzgerald was killed. The place from which the beam came may be assumed to have been a Pere Marquette car, No. 597, a foreign car, in a freight train of the defendant in progress from the west to Selma, and which train, opposing the train on which deceased was engineer, passed over the place…
2Cases cited15 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Smoot v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Huyck v. McNerneySupreme Court of Alabama · 1909
- Williams v. Anniston Electric & Gas Co.Supreme Court of Alabama · 1909
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Mathews v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1917
- American Bonding Co. v. New York & Mexican Whiting Co.Alabama Court of Appeals · 1914
13 more not listed; retrieve them via the Exa API.