East Tennessee, Virginia & Georgia Railroad v. King
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speake. The iujury for which the appellee, Elizabeth King, brought this suit, was received by her June 28, 1884, while standing upon a side track of the appellant at Leighton, an incorporated town and a station on appellant’s road in Colbert county. This side track ran from east to west, and was enough down grade for the cars to move westwardly unless held in place by brakes.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speake. The iujury for which the appellee, Elizabeth King, brought this suit, was received by her June 28, 1884, while standing upon a side track of the appellant at Leighton, an incorporated town and a station on appellant’s road in Colbert county. This side track ran from east to west, and was enough down grade for the cars to move westwardly unless held in place by brakes. At the time of the accident, there was upon the track at its eastern end an engine and two cars; west of the engine and cars attached, was a public…
1Opinion of the CourtStone, C. J.
— The act “To prevent homicides,” approved February 5, 1872 — Sess.. Acts 1871-72, p. 83 — is now § 2641 of the Code of 1876. It provides for civil redress, when death ensues from the “ wrongful act or omission of another.” Such redress was unknown to the common law. To come within its provisions there must be a homicide, the result of the wrongful act or omission of another. If death does not follow, the statute lends no aid to the case. It must then be governed by the principles of the common law and our general statutes on the subject, which determine when and to what extent civil redress…
2Cases cited14 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Campbell v. WilliamsSupreme Court of Alabama · 1994
- Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. MoorerSupreme Court of Alabama · 1897
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
11 more not listed; retrieve them via the Exa API.