Harris v. Nashville C. & St. Louis R. R.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Personal injury action by Annie Bell Harris, by next friend, against the Nashville, Chattanooga & St. Louis Railway. From a judgment for defendant, plaintiff appeals. Under the evidence the plaintiff was not chargeable with contributory negligence. — 4 Mayf.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Personal injury action by Annie Bell Harris, by next friend, against the Nashville, Chattanooga & St. Louis Railway. From a judgment for defendant, plaintiff appeals. Under the evidence the plaintiff was not chargeable with contributory negligence. — 4 Mayf. Dig. 310. Section 3440, Code 1896, requires that the engineer reverse his engine, and other things mentioned therein, else he is guilty of negligence. — G. of Ga. Ry. Go. v. Foshee, -125 Ala. 218. The word reverse is used in the statute and means more than was done by…
1Opinion of the CourtAnderson, J.
— It was held by this court, when this case was here before, that the child was a trespasser and the defendant was not liable for a failure to keep a lookout. — N. G.. & St. L. Ry. v. Harris, 142 Ala. 249, 37 South. 794, 110 Am. St. Rep. 29.
The only other point made by appellant’s counsel for a reversal of this case is that the trial court erred in giving the affirmative charge for the defendant, upon the theory that the evidence shows that defendant’s servants , after discovering the peril of the child, did not use all means known to skillful engineers to stop the train. If it be true that…
2Cases cited3 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Nashville, Chattanooga & St. Louis Railway Co. v. HarrisSupreme Court of Alabama · 1904
- Louisville & Nashville R. R. v. BinionSupreme Court of Alabama · 1893
3Cited by31 opinions
- Lawson v. Mobile Electric Co.Supreme Court of Alabama · 1920
- City of Dothan v. HardySupreme Court of Alabama · 1939
- Commonwealth Life Ins. Co. v. HarmonSupreme Court of Alabama · 1934
- New York Life Ins. v. HortonSupreme Court of Alabama · 1938
- Howard v. StateSupreme Court of Alabama · 1911
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