Southern Railway Co. v. Irvin
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hou. J. C. B. Gwin. Action by Mrs. M. E. Irvin, as administratrix, against tbe Southern Railway Company and its engineer, for damages for the death of her intestate while on defendant’s track. Judgment for plaintiff and defendant railroad company appeals.
1Opinion of the CourtMcCLELLAN, J.
This is an action for damages, against the appellant and its engineer, for wrongfully causing the death of plaintiff’s (appellee’s) intestate, G. O. Greer. The evidence in the case shows, without conflict, that intestate was killed by a train of the defendant (appellant) between 6:30 and 7 a. m. of the morning of August 9, 1913; that he .was not seen, approaching or upon the track, by either of the defendant’s employees on the engine until the rapidly moving train ivas so close to Greer that no human power could have averted the fatal impact; and that the tragedy occurred at a path crossing…
2Cases cited6 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- Central of Georgia Ry. Co. v. HyattSupreme Court of Alabama · 1907
- Bason v. Ala. G. S. R. R.Supreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Tyler v. DrennenSupreme Court of Alabama · 1951
- Ridgeway v. CSX Transp., Inc.Supreme Court of Alabama · 1998
- Sloss-Sheffield Steel & Iron Co. v. PeinhardtSupreme Court of Alabama · 1940
- Southern Ry. Co. v. RandleSupreme Court of Alabama · 1930
20 more not listed; retrieve them via the Exa API.