Louisville N. R. Co. v. Heidtmueller
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by Eddie Heidtmueller, as administrator of tbe estate of Theodore Heidtmueller, against the ’ Louisville & Nashville Railroad Company, for damages for the death of his intestate. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by Eddie Heidtmueller, as administrator of tbe estate of Theodore Heidtmueller, against the ’ Louisville & Nashville Railroad Company, for damages for the death of his intestate. Judgment for the plaintiff, and defendant appeals. The ease was originally brought in three counts, but counts 1 and 3 were eliminated, and count 2, which charged wantonness to the engineer of the defendant, one J. D. Jessie, who was then and there acting within the line and scope of his employment. The evidence tended to show that at the point where…
1ConcurrenceThomas, J.
In addition to what the Chief Justice has written, I concur in the reversal of the cause for reasons set forth in my concurring opinion in Crim, Admrx., v. L. & N. R. R. Co., 89 South. 376. In addition to the authorities there collected I wish to add the following: Northern Pac. Ry. Co. v. North Dakota, 250 U. S. 135, 39 Sup. Ct. 502, 63 L. Ed. 897; Hatcher v. Atchison, etc., Co. (D. C.) 258 Fed. 952; Bloch v. United States (C. C. A.) 261 Fed. 321; Krichman v. United States (C. C. A.) 263 Fed. 538; Erie R. Co. v. Caldwell (C. C. A.) 264 Fed. 947; Blevins v. Hines, Dir. Gen. (D. C.) 264 Fed.…
2Cases cited15 opinions
- Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
- Erie R. Co. v. CaldwellCourt of Appeals for the Sixth Circuit · 1920
- Peacock v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1919
- Bloch v. United StatesCourt of Appeals for the Fifth Circuit · 1919
- Commonwealth v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1920
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