Southern Ry. Co. v. Forrister
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by William A. Forrister, administrator, against the Southern Railway Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by William A. Forrister, administrator, against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. The second count is in the following language: “Plaintiff, William Forrister, as administrator of the estate of Alma Forrister, deceased, claims of the defendant Southern Railway, a corporation, the sum of $1,999 as damages, for that, to' wit, on or about the 23d day of October, 1906, plaintiff’s intestate was a minor, of the age of 15 months, and on said date the defendant, by its servants…
1Opinion of the CourtDowdell, J.
Considering the assignments of error in the order in which they arc1 argued by counsel for appellant, the first question presented is on the demurrer to the fourth count of the complaint. The fourth count in terms avers simple negligence,' and “fails to *482show either that plaintiff’s intestate, when injured, was not a trespasser on defendant’s track, or that defendant’s servants in charge of the train became aware of her perilous position on the track and were thereafter guilty of actionable misconduct.” — Gadsden & Attalla Ry. Co. v. Julian, Adm’r, 133 Ala. 371, 32 South. 135, and cases there…
2Cases cited3 opinions
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1897
- Alabama Great Southern Railroad v. MoorerSupreme Court of Alabama · 1897
- Gadsden & Attalla Union Railway Co. v. JulianSupreme Court of Alabama · 1901
3Cited by24 opinions
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- St. Louis S. F. R. Co. v. Model LaundrySupreme Court of Oklahoma · 1913
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
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