Louisville N. R. Co. v. Johnson
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County ; O. Kyle, Judge. Action by Lannie Johnson, by next friend, against the Louisville •& Nashville Railroad Company, for damages for personal injuries. From judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Cullman County ; O. Kyle, Judge. Action by Lannie Johnson, by next friend, against the Louisville •& Nashville Railroad Company, for damages for personal injuries. From judgment for plaintiff, defendant appeals. The following is the complaint: Count 1: “Plaintiff claims of the defendant the sum of three thousand dollars damages, for that on, to wit, the 17th day of February, 1918, the defendant v?as engaged in operating a railroad in Cullman county, Alabama, and running the trains thereon for the transportation of passengers and freight; that on said day and date…
1Opinion of the CourtSomerville, J.
[1] The plaintiff was struck and injured by one of the defendant’s fast passenger trains approaching- him from behind, while he was walking along defendant’s track on the cross-ties outside of the rails. The suit is properly brought against the defendant company under the authority of the act of Congress of March 21, 1918 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115%j).
[2] Counts 1, 3, and 4 went to the jury, and-" each count is based upon a charge of negligent omission of duty after the discovery of plaintiff’s peril. Count 1 is sufficient in its allegation • of negligence on the part…
2Cases cited3 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Southern Railway Co. v. StewartSupreme Court of Alabama · 1907
- Louisville N. R. Co. v. PhillipsSupreme Court of Alabama · 1918
3Cited by8 opinions
- Louisville N. R. Co. v. ShikleSupreme Court of Alabama · 1921
- Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921
- Charlton v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1921
- King v. StateSupreme Court of Alabama · 1936
- Rutledge v. Brilliant Coal Co.Supreme Court of Alabama · 1945
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