Louisville & Nashville Railroad v. Tegner
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the I-íon. A. A. Coleman. This action was brought by the appellee, Margaret J. Tegner, as executrix of William F. Tegner, deceased, against the Louisville & Nashville Railroad Company, seeking to recover $30,000 damages for the alleged negligent killing of the defendant’s testator.' The complaint contained eight counts.
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Appeal from the Circuit Court of Jefferson. Tried before the I-íon. A. A. Coleman. This action was brought by the appellee, Margaret J. Tegner, as executrix of William F. Tegner, deceased, against the Louisville & Nashville Railroad Company, seeking to recover $30,000 damages for the alleged negligent killing of the defendant’s testator.' The complaint contained eight counts. The trial court having given the general affirmative charge in favor of the defendant as to the 1st, 2d and 6th counts, it is unnecessary to refer to them. The averments of the remaining counts of the complaint are…
1Opinion of the CourtTyson, J.
The complaint contained eight counts ; hut upon three of them the court gave the affirmative charge for the defendant. The gravamen of the complaint in each of the remaining counts, was the alleged death of the plaintiff’s intestate, who was a passenger upon one of the defendant’s passenger trains, caused hy the negligence of the defendant. This negligence as alleged in the third count, is based on the failure of the defendant to have its track at or near the place of the derailment of the train, in a proper condition; as alleged in the fourth count, in having rotten or unsound cross-ties at…
2Cases cited7 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Bemis v. Central Vermont R. R.Supreme Court of Vermont · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Airheart v. GreenSupreme Court of Alabama · 1958
- Kurn v. CountsSupreme Court of Alabama · 1945
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Alaga Coach Line, Inc. v. McCarrollSupreme Court of Alabama · 1933
14 more not listed; retrieve them via the Exa API.