Tanner's v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried, before the Hon. W. B. "Wood. This action was brought by Samuel Tanner, as the executor of the lust will and testament of Peterson Tanner, deceased, against the Louisville & Nashville Railroad Company,' to recover damages for the alleged wrongful act and negligence of the defendant’s agents and servants, by means whereof, in September, 1872, plaintiff’s testator was run over and killed by an engine and train of cars ; and was…
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Appeal from the Circuit Court of Limestone. Tried, before the Hon. W. B. "Wood. This action was brought by Samuel Tanner, as the executor of the lust will and testament of Peterson Tanner, deceased, against the Louisville & Nashville Railroad Company,' to recover damages for the alleged wrongful act and negligence of the defendant’s agents and servants, by means whereof, in September, 1872, plaintiff’s testator was run over and killed by an engine and train of cars ; and was commenced on the 29th August, 1873. The defendant pleaded, 1st, not guilty; 2d, that the death of plaintiff’s testator…
1Opinion of the CourtStone, J.
Speaking of the steam-engine, called by Mr. Justice Caruthers, of the Supreme Court of Tennessee, the “ most grand and useful improvement of the age,” and of its use as an instrumentality in travel and commerce, we, in Grey's Executor v. Mobile Trade Company, 55 Ala. 387, said, that a common carrier, who employs steam as his motive power, must bring to the service “ that degree of diligence which very careful and prudent men take of their own affairs.” We added, that “ in this we but affirm that only very careful and prudent men should be placed in charge of such vehicles of transportation,…
2Cases cited23 opinions
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
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3Cited by85 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
80 more not listed; retrieve them via the Exa API.