Haley v. Kansas City, Memphis & Birmingham Railroad
Supreme Court of Alabama
Action against a Railroad Company by Administrator to recover Damages for the hilling of his Intestate. Appeal from tlie Circuit Court of Lamar.
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Action against a Railroad Company by Administrator to recover Damages for the hilling of his Intestate. Appeal from tlie Circuit Court of Lamar. On November 15, 1895, one S. F. Pennington, while walking along a path or foot way, running parallel to, and about five feet from, the track of the Kansas City, Memphis & Birmingham Railroad Company, about three miles from Sulligent, in Lamar county, was struck by a plank, which projected from the side of a car of one of the railroad company’s passing trains, and was killed. His administrator, O. F. Haley, brings the present action against the Kansas…
1Opinion of the CourtHaralson, J.
1. It is not denied by appellant, plaintiff below, in the complaint he filed, that the footpath, about five feet from the defendant’s railroad track, along which his intestate was walking when he was killed, was on the right-of-way of the railroad company, nor is it insisted in argument that it was not. Under the constitution and laws of this State, defendant company had the right to condemn 100 feet of land for a right-of-way.-Const., Art. I, § 24; Code of 1886, §§ 3207, and 1580, subdiv. 9. Construing the complaint most strongly against the pleader, we presume the footpath was on the…
2Cases cited7 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Savannah & Western Railroad v. MeadorsSupreme Court of Alabama · 1891
- Nave v. Alabama Great Southern RailroadSupreme Court of Alabama · 1892
- Central Railroad & Banking Co. v. VaughanSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Sheffield Co. v. MortonSupreme Court of Alabama · 1909
- Grauer v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1923
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
28 more not listed; retrieve them via the Exa API.