Frazer v. South & North Ala. R. R.
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before tbe Hon. James E. Cobb. This was an action by tbe appellant, John M. Erazer, as administrator of tbe estate of Richard Erazer, deceased, against the appellee, tbe South and North Ala. R. R. Co., for $25,000, claimed as damages for causing the death of said decedent. The pleas were : “ 1. Not guilty. 2. Contributory negligence of plaintiffs intestate.”
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Appeal from the Circuit Court of Chilton. Tried before tbe Hon. James E. Cobb. This was an action by tbe appellant, John M. Erazer, as administrator of tbe estate of Richard Erazer, deceased, against the appellee, tbe South and North Ala. R. R. Co., for $25,000, claimed as damages for causing the death of said decedent. The pleas were : “ 1. Not guilty. 2. Contributory negligence of plaintiffs intestate.” Richard Frazer, tbe intestate of plaintiff, was killed about noon, July 16, 1881, by a locomotive of defendant, running at the rate of from twenty to twenty-five miles an hour and drawing a…
1Opinion of the CourtClopton, J.
— The charges requested by the plaintiff, base his right to a recovery, notwithstanding his intestate was walking on the track of the railroad at the time he was injured, on the mere hypothesis that he was not aware of the approach of the train until it was too late for him to leave the track, and that the accident would have been avoided if the persons in charge of the train had exercised ordinary care in giving the reasonable and usual signals of *195its approach after they discovered deceased on the track, or ought to have discovered him, if they had kept the proper lookout. The duty to give…
2Cases cited10 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
30 more not listed; retrieve them via the Exa API.