Weatherly v. Nashville, Chattanooga & St. Louis Railway
Supreme Court of Alabama
Appeal from Gaclsclen City Court. I-Teard before Hion. John H. Disque. Action by G. W. Weatherly as administrator against the Nashville, Chattanooga & St. Louis Railway, under the homicide statute for causing the death of his intestate. Judgment for the defendant and plaintiff appeals.
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Appeal from Gaclsclen City Court. I-Teard before Hion. John H. Disque. Action by G. W. Weatherly as administrator against the Nashville, Chattanooga & St. Louis Railway, under the homicide statute for causing the death of his intestate. Judgment for the defendant and plaintiff appeals. Under the facts in this case, it should have been left to the jury to determine whether the servant and agent of the defendaut was guilty of wanton or willful injury in killing plaintiffs intestate. — Southern By. v; CrensTia/io, 136 Ala. 583; M. & G. B. B. Go; v. Martin, 117 Ala. 367; L. & N. v. Muscat, 41…
1Opinion of the CourtMayfield, J.
Appellant sued to recover damages for the wrongful death of his intestate. The action is under our familiar homicide statute. The complaint contained six counts. Count 1 relied on simple negligence. The other counts declared on wanton negligence and willful injury. The wrongful act complained of in each count is that defendant ran one of its trains or engines against plaintiff’s intestate, thereby killing him. The venue is a public street crossing in the city of Gadsden. The time was 8 o’clock at night, on May 27, 1907. The train alleged to have killed the intestate was a regular daily…
2Cases cited27 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
22 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- ROE BY AND THROUGH ROE v. LewisSupreme Court of Alabama · 1982
- Louisville & Nashville R. R. v. LoydSupreme Court of Alabama · 1914
- Ray v. BrannanSupreme Court of Alabama · 1916
- Southern Ry. Co. v. MillerSupreme Court of Alabama · 1933
25 more not listed; retrieve them via the Exa API.