Louisville & N. R. R. v. Dilburn
Supreme Court of Alabama
Appeal from Escambia Circuit Court. Heard before Hon. J. C. Richardson. • Action by J. S. Dilburn, as administrator, against tbe Louisville & Nasliyille Railroad Company for the death of his intestate while a passenger. Judgment for plaintiff and defendant appeals. The facts sufficiently appear from the opinion of the court.
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Appeal from Escambia Circuit Court. Heard before Hon. J. C. Richardson. • Action by J. S. Dilburn, as administrator, against tbe Louisville & Nasliyille Railroad Company for the death of his intestate while a passenger. Judgment for plaintiff and defendant appeals. The facts sufficiently appear from the opinion of the court. The following charges were given for the plaintiff: (1) “The court charges the jury that a common carrier of passengers owes to its passengers the duty to exercise the highest degree of care, skill, and diligence, known to very careful, skillful, and diligent persons…
1Opinion of the CourtMayfield, J.
— Plaintiff’s intestate Avas a passenger on defendant’s train from Flomaton to-Wallace, and Avas killed Avkile alighting from the train, at his destination, by falling or being thrown under the train, Avkick ran over or against him.
Intestate Avas aged, being betAveen 65 and 75 years old, Avas lame, disabled in one of his arms or shoulders, from a wound received in' the Avar between the States, and from some cause was also lame in one of his legs, and was therefore in a much enfeebled condition. He *604was at the time also incumbered with bundles or packages, consisting of two quarts of whisky,…
2Cases cited8 opinions
- Central Railroad & Banking Co. v. LetcherSupreme Court of Alabama · 1881
- Birmingham Union Railway Co. v. SmithSupreme Court of Alabama · 1890
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
- Highland Avenue & Belt Railroad v. BurtSupreme Court of Alabama · 1890
- Southern Railway Co. v. CrowderSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Low v. LowSupreme Court of Alabama · 1951
- Missouri, K & T. Ry. Co. of Texas v. WashburnCourt of Appeals of Texas · 1916
- Loeb v. WebsterSupreme Court of Alabama · 1925
- Case v. EnglishSupreme Court of Alabama · 1951
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