South & North Ala. R. R. v. Donovan
Supreme Court of Alabama
Appeal from Circuit Court of Jefferson. Tried before tlie .Hon. Leroy F. Box. This was an action against tbe South & North Alabama Bailroad Company by James Donovan, father of "William Donovan, for personal injuries to tlie said William, who was run over by a train of cars in tbe corporate limits of Birmingham.
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Appeal from Circuit Court of Jefferson. Tried before tlie .Hon. Leroy F. Box. This was an action against tbe South & North Alabama Bailroad Company by James Donovan, father of "William Donovan, for personal injuries to tlie said William, who was run over by a train of cars in tbe corporate limits of Birmingham. The child was under ten years of age; was in the habit of crossing the railroad track at the place where he was injured as lie went to and fro to carry dinner to his father; was on the track when struck and looking in the opposite direction from the train of cars, which consisted of…
1Opinion of the CourtSomeryille, J.
The plea of the defendant numbered one was defective in failing to aver that the employees in charge of the train used proper diligence in keeping a lookout for obstructions on the track, including in this case, the plaintiff’s son, for whose injury the father brings the present action, The plea avers that the infant son was trespassing \ipon the track, at a point where there was no public crossing, to which the defendant company had the exclusive right, and that so soon as its employes discovered the boy all available preventive measures were adopted to avert the injury. This plea admits the…
2Cases cited8 opinions
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- Pennsylvania Co. v. HensilIndiana Supreme Court · 1880
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Correll v. B. C. R. & M. R. R. Co.Supreme Court of Iowa · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Roth v. Union Depot Co.Washington Supreme Court · 1896
18 more not listed; retrieve them via the Exa API.