Alabama Great Southern R. R. v. Smith
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Action by William M. Smith, as administrator, against the Alabama Great Southern Railroad Company for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals.
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Action by William M. Smith, as administrator, against the Alabama Great Southern Railroad Company for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals. Plea 13, after amendment, was as follows: “That the injury and death of plaintiff’s intestate would not have occurred but for the negligence of the said intestate himself, which proximately contributed thereto, which said proximate contributory negligence consisted in this: That, being on or in dangerous proximity to the track of the…
1Opinion of the CourtSimpson, J.
— -The complaint is for damages on account of the death of the plaintiff’s (appellee’s) intesstate, Alonzo Smith, from being struck by a train of defendant’s cars within the corporate limits of Tuscaloosa.
The counts of the complaint which went to the jury were all for subsequent negligence, except one which was for wantonness. Plea 13, in reply to the counts for subsequent negligence, alleged “that, being on or in dangerous proximity to the track of the defendant, in' front of a moving train or locomotive thereon, he negligently remained on said track or in dangerous proximity thereto until…
2Cases cited6 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Frierson v. FrazierSupreme Court of Alabama · 1904
- Southern Railway Co. v. StewartSupreme Court of Alabama · 1907
- Brown v. St. Louis & S. F. R. R.Supreme Court of Alabama · 1911
- Southern Ry. Co. v. HarringtonSupreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1930
- Southern Ry. Co. v. RandleSupreme Court of Alabama · 1930
- Williams v. Roche Undertaking Co.Supreme Court of Alabama · 1950
- Morenci Southern Railway Co. v. MonsourArizona Supreme Court · 1919
- Caudle v. Birmingham Electric Co.Supreme Court of Alabama · 1945
11 more not listed; retrieve them via the Exa API.