Burns v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from tlie Circuit Court of Jefferson. Tried, before the Hon: A. A. Coleman; This action was brought by the appellant, Hubert A. Burns, against the Louisville & Nashville liailroad Company, to recover damages for personal injuries alleged, to have been sustained by the plaintiff by reason of the negligence of the defendants employes.
Read the full summary
Appeal from tlie Circuit Court of Jefferson. Tried, before the Hon: A. A. Coleman; This action was brought by the appellant, Hubert A. Burns, against the Louisville & Nashville liailroad Company, to recover damages for personal injuries alleged, to have been sustained by the plaintiff by reason of the negligence of the defendants employes. There is but one assignment of error which is predicated upon the courts giving a written charge at the request of the defendant, to the giving of ’which charge the plaintiff duly excepted; and the facts necessary to an understanding of the decision on the…
1Opinion of the Court
• DOWDELL, J.
This is an action to recover damages for personal injuries received by the plaintiff while attempting to cross the track of the defendant railroad Company'at a public street crossing within the corporate limits of thé city of Birmingham. The complaint contained four counts, two of which counted on simple negligence and two on wanton or intentional Avrong. The latter two, hOAvever, being the second and fourth counts, Avere before the conclusion of the trial Avithdrawn by the plaintiff. The pleas to the remaining two counts, being counts on simple.negligence, were the general issue…
2Cases cited1 opinion
- Poole v. DaughdrillSupreme Court of Alabama · 1900
3Cited by3 opinions
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Hope v. Great Northern Railway Co.North Dakota Supreme Court · 1909
- Wabash Railway Co. v. Tippecanoe Loan & Trust Co.Indiana Supreme Court · 1912