Gaynor v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the I-Ion. William S. Anderson. James T. Gaynor was run over and killed by one of the cars on the Louisville & Nashville Railroad Company at a crossing of a public street in the city of Mobile.
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Appeal from the Circuit Court of Mobile. Tried before the I-Ion. William S. Anderson. James T. Gaynor was run over and killed by one of the cars on the Louisville & Nashville Railroad Company at a crossing of a public street in the city of Mobile. This suit was. brought by the appellant, Agnes Nellie Gaynor, as administratrix of the estate of James T. Gaynor, deceased, against the Louisville & Nashville Railroad Company, to recover damages for the killing of the plaintiff’s intestate. The complaint as originally filed contained 8 counts. The 6th, 7th and 8th counts were stricken from the file…
1Opinion of the CourtM'cCLELLAN, C. J.
Section 3326 of the Code is as follows: “The court may state to the jury the law of the case, and may also state the evidence when the same is disputed, but shall not charge upon the effect of the testimony, unless required to do so by one of the parties.” In this case the court violated this statute by charging upon the effect of the testimony without being required to do so by either of the parties. The charge in question given ex mero motu was as follows: “After listening to the arguments yesterday, gentlemen, bv counsel for *258plaintiff and. for the defendant, and after carefully reading…
2Cases cited8 opinions
- Gafford v. StateSupreme Court of Alabama · 1899
- Moore & Co. v. RobinsonSupreme Court of Alabama · 1878
- Mayer v. Thompson-Hutchison Building Co.Supreme Court of Alabama · 1897
- Woodward Iron Co. v. HerndonSupreme Court of Alabama · 1900
- Postal Telegraph Co. v. BrantleySupreme Court of Alabama · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Louisville N. R. Co. v. SundaySupreme Court of Alabama · 1947
- Southern Bitulithic Co. v. HughstonSupreme Court of Alabama · 1912
- St. Louis & S. F. R. R. v. HallSupreme Court of Alabama · 1914
- Fidelity & Deposit Co. v. Art Metal Construction Co.Supreme Court of Alabama · 1909
2 more not listed; retrieve them via the Exa API.