Legal Opinion

Ala. Great Southern Railroad v. Chapman

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 16 opinions

Appeal from Sumter Circuit Court. Tried before the Hon. S. H. Sprott. This action was brought by Eliza Chapman against the Alabama Great Southern Railroad Company, a domestic corporation, and was commenced 28th July, 1884. The complaint avers that on the 15th August, 1883, while plaintiff was walking in a path near the track of defendant’s road, an engine on said road threw a cow from the track and against the plaintiff, whereby she was greatly injured.

Read the full summary

Appeal from Sumter Circuit Court. Tried before the Hon. S. H. Sprott. This action was brought by Eliza Chapman against the Alabama Great Southern Railroad Company, a domestic corporation, and was commenced 28th July, 1884. The complaint avers that on the 15th August, 1883, while plaintiff was walking in a path near the track of defendant’s road, an engine on said road threw a cow from the track and against the plaintiff, whereby she was greatly injured. The complaint further avers that the engineer of said engine and train failed to blow the whistle or ring the bell as said train entered the…

1Opinion of the CourtClopton, J.

The case presented by the record does *618not call for the application of the principles which control when a trespasser on the track or right of way of a railroad company is injured by personal contact with the locomotive or train. Without having been first discovered, the plaintiff was injured, while walking along a path on the right of way of defendant, by being struck by a cow, which was thrown from the track of the railroad by the engine. On the undisputed facts, the defendant was not guilty of want of care or negligence in respect to any duty which the company owed plaintiff individuall/y.…

2Cases cited2 opinions

  1. East Tenn., Va. & Ga. Railroad v. LockhartSupreme Court of Alabama · 1885
  2. East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1884

3Cited by16 opinions

  1. Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
  2. Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
  3. Garrett v. L. & N. R. R.Supreme Court of Alabama · 1916
  4. Alabama Power Co. v. BassSupreme Court of Alabama · 1928
  5. Sinram v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API