Bentley v. Georgia Pacific Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court, of Cleburne. Tried before tbe Hon. Leroy F. Box. This action was brought by George M. Bentley, as tbe administrator of tbe estate of Isbam Bentley, deceased, to recover damages for bis negligent killing, as alleged, by tbe servants and agents of tbe defendant corporation; and was commenced on tbe 2d February, 1887. The deceased was run over and killed by one of the defendant’s trains, on tbe 18th November, 1886, while walking across a trestle…
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Appeal from the Circuit Court, of Cleburne. Tried before tbe Hon. Leroy F. Box. This action was brought by George M. Bentley, as tbe administrator of tbe estate of Isbam Bentley, deceased, to recover damages for bis negligent killing, as alleged, by tbe servants and agents of tbe defendant corporation; and was commenced on tbe 2d February, 1887. The deceased was run over and killed by one of the defendant’s trains, on tbe 18th November, 1886, while walking across a trestle on tbe defendant’s track. It is unnecessary to state tbe charges to tbe jury, which are specially assigned as error.
1Opinion of the CourtSomerville, J.
The plaintiff Bentley sues in bis representative capacity for tbe alleged negligent killing of his intestate by tbe wrongful act of tbe defendant railway company. Tbe evidence shows that tbe deceased, a man sixty-five years of age, was, at tbe time of tbe accident, walking on tbe track of tbe road, crossing a trestle, which was about seventy-five feet long and twenty-five feet high. He resided in tbe neighborhood, and knew that tbe west bound passenger train was past due, and momentarily expected. On tbe east side of tbe trestle, there was a cut about eighteen feet deep at tbe highest point,…
2Cases cited1 opinion
- Georgia Pacific R. R. v. BlantonSupreme Court of Alabama · 1887
3Cited by13 opinions
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Southern Railway Co. v. DeckerCourt of Appeals of Georgia · 1908
- Southern Railway Co. v. DrakeSupreme Court of Alabama · 1910
- English v. Southern Pacific Co.Utah Supreme Court · 1896
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