Louisville & Nashville R. R. v. Bogue
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by Julia A. Bogue as administratrix against the Louisville & Nashville Railroad Company, for damage for the death of her intestate caused by being struck by one of defendant’s trains while walking along such roadway, lighting its switch lamps. Judgment for plaintiff: and defendant appeals.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by Julia A. Bogue as administratrix against the Louisville & Nashville Railroad Company, for damage for the death of her intestate caused by being struck by one of defendant’s trains while walking along such roadway, lighting its switch lamps. Judgment for plaintiff: and defendant appeals. The court erred in permitting it to be shown that it was customary for people to travel on the track at the place where the injury occurred. — L. & N. v. Young, 52 South. 213; Glass v. M. & G. R. It. Go., 94 Ala. 586; If. cG G. R. R.…
1Opinion of the CourtSomerville, J.
Plaintiff’s intestate, a boy 11 years of age, was killed by defendant’s freight train at Holmes Gap, Cullman county, in June, 1907.
The original complaint filed in June, 1908, was framed under the Employer’s Liability Act (Code 1907, § 3910), and alleged that intestate was in the service of defendant, and was engaged in the discharge of his duty at the time he Avas killed. Seven additional counts Avere added by Avay of amendment in March, 1910, and demurrers Avere sustained to all the counts except 4, 5, 6, 7, and 8. Of these counts 4 and 6 Avere eliminated by charge of the court, the final…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
- Bube v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1903
- Southern Railway Co. v. StewartSupreme Court of Alabama · 1907
- Decatur Light, P. & F. Co. v. NewsomSupreme Court of Alabama · 1912
3Cited by27 opinions
- Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
- Eich v. Town of Gulf ShoresSupreme Court of Alabama · 1974
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Cofer v. EnsorSupreme Court of Alabama · 1985
- Peoples v. SeamonSupreme Court of Alabama · 1947
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