Louisville & Nashville R. R. Calvert
Supreme Court of Alabama
Appeal from Blount Circuit Court. Heard before Hon. John W. Inzer. Action by Alba Calvert against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals.
Read the full summary
Appeal from Blount Circuit Court. Heard before Hon. John W. Inzer. Action by Alba Calvert against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. Count 2 is as follows: “Plaintiff claims of defendant f80,000 as damages, to wit: That heretofore, on to wit, the 8th day of September, 1908, the defendant was engaged in the following business in the state of Alabama, namely, the operation of a railroad and running thereon its engines, trains, and cars for the transportation of freight and passengers for hire. That on, to wit, the 8th.day of September,…
1Opinion of the CourtSimpson, J.
This action is by the appellant for damages resulting from personal injury received by plaintiff’s being struck by an engine of defendant’s at a public road crossing.
The second count of the complaint was not subject to the cause of demurrer, “that it does not allege facts showing plaintiff’s place at or upon said track to be dangerous.” As will be seen by the count set out in the statement by the reporter, it alleges that plaintiff was lawfully crossing said railroad at a public road crossing, “and was in a place of danger upon or near said track.” “This averment shows that defendant was…
2Cases cited13 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Perkins v. GallowaySupreme Court of Alabama · 1915
18 more not listed; retrieve them via the Exa API.