Southern Railway Co. v. Smith
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by Albert J. Smith, as administrator, against the Southern Railway Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by Albert J. Smith, as administrator, against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. Count 4 alleges the discovery of plaintiff’s intestate on the track, by the agents or servants of the defendant operating the train which killed it, in time to have avoided injuring her by the exercise of due care and preventive effort, and that, after a discovery of her peril, they negligently permitted or propelled said locomotive to run against plaintiff’s intestate, killing her. The following…
1Opinion of the CourtSimpson, J.
This is an action for damages on account of the death of the six year old child of the plaintiff (appellee here), caused by its being run over by defendant’s train of cars at or near Larkinsville, Ala. The case has been before this court twice before.—Southern Railway Company v. Smith, 163 Ala. 174, 50 South. 390, and Id., 173 Ala. 697, 55 South. 913.
On this trial, all of the counts of the complaint, except count 4, were eliminated; and the first insistence of the appellant is that the general affirmative charge should have been given for the defendant.
*370While it is clear from the evidence, as…
2Cases cited9 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Austin v. StateSupreme Court of Alabama · 1906
- Southern Railway Co. v. SmithSupreme Court of Alabama · 1909
- Teague v. StateSupreme Court of Alabama · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Central of Georgia Ry. Co. v. CorbittSupreme Court of Alabama · 1928
- Couch v. HutchersonSupreme Court of Alabama · 1942
- Central of Georgia Ry. Co. v. BatesSupreme Court of Alabama · 1932
- Southern Railway Co. v. FisherSupreme Court of Alabama · 1916
- Huntsville Knitting Mills v. ButnerSupreme Court of Alabama · 1917
3 more not listed; retrieve them via the Exa API.