Davis v. Smitherman
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. ■ Action for damages by O. Smitherman against James C. Davis, as Director General of Railroads. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. ■ Action for damages by O. Smitherman against James C. Davis, as Director General of Railroads. Judgment for plaintiff, and defendant appeals. The following charges were requested by defendant and refused by the trial court: “O. The court charges you that, if you are reasonably satisfied from the evidence that the plaintiff was struck before the engine crew knew of his approach, you cannot look to any negligence charged in failing to stop the engine in determining the responsibility for the collision. “P. The court charges you…
1Opinion of the CourtMiller, J.
O. Smitherman sues the defendant, appellant here, for damages to himself, his automobile, watch, and personal apparel, alleged to have been caused by the >wanton conduct of appellant’s agents or servants while acting in the line and scope of their employment in charge of one of appellant’s locomotive engines. The injury occurred between 5 and 7 o’clock in the evening of December 12, 1918, at a point where the railroad operated by defendant crossed one of the public roads at Readers, near Bessemer, in Jefferson county.
The complaint as originally filed contained four counts, but the court in…
2Cases cited27 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
22 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- A. B. C. Truck Lines, Inc. v. KenemerSupreme Court of Alabama · 1946
- Alabama Power Co. v. EdwardsSupreme Court of Alabama · 1929
- Law v. GallegherSupreme Court of Delaware · 1938
- Trahan v. CookSupreme Court of Alabama · 1972
- Tyler v. DrennenSupreme Court of Alabama · 1951
17 more not listed; retrieve them via the Exa API.