Western Railway of Alabama v. Mutch
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Hon. J. M. Carmichael. This was an action by the administrator of James T. Mutcli, deceased, for damages for negligently killing his intestate.
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Appeal from Lee Circuit Court. Tried before Hon. J. M. Carmichael. This was an action by the administrator of James T. Mutcli, deceased, for damages for negligently killing his intestate. The only negligence shown was that the train at the time of the injury was moving at a rate of speed estimated by some of the witnesses to be from six to eight miles an hour, and an ordinance of the City of Opelika prohibiting trains being-moved at 'a greater rate of speed than four miles an hour. The defendant excepted to six charges given at the request of plaintiff, and requested eighteen charges which…
1Opinion of the CourtStone, C. J.
— The plaintiff, George Mutch, was a resident of Opelika. His son, James Mutch, was nine and a half years old, well grown and developed for his age, and, in intelligence and brightness, was above the average of boys of his age. He went at large without being attended by a nurse or protector, and was attending school.
The Western Bailway of Alabama runs through Opelika, and has a station and depot in that city or town. There was an ordinance of force in Opelika which made it unlawful to run a train of cars within the corporate limits at a higher rate of speed than four miles an hour, and…
2Cases cited7 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
- Mobile City Lines, Inc. v. ProctorSupreme Court of Alabama · 1961
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