Georgia Pacific R. R. v. Blanton
Supreme Court of Alabama
Appeal from Cleburne Circuit Court. Tried before the Hon. L. E. Box. [No brief came to hands of Reporter.] It is negligence per se on the part of defendant to run its train of cars insufficiently supplied as it was with brakes, through the incorporated town of Heflin at such rapid rate of speed that an obstruction on the track at a crossing could not have been seen by the engineer in time to have stopped before reaching it. — S. & M. R. R. Co. v. Shearer, 58 Ala. 672; S. &…
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Appeal from Cleburne Circuit Court. Tried before the Hon. L. E. Box. [No brief came to hands of Reporter.] It is negligence per se on the part of defendant to run its train of cars insufficiently supplied as it was with brakes, through the incorporated town of Heflin at such rapid rate of speed that an obstruction on the track at a crossing could not have been seen by the engineer in time to have stopped before reaching it. — S. & M. R. R. Co. v. Shearer, 58 Ala. 672; S. & N. R. R. Co. v. Sullivan, 59 lb. 272; M. Sc C. R. R. Co. v. Lyon, 02 lb. 71; Ala. Gt. S. R. R. Co. v. Jones, 71 lb. 487.…
1Opinion of the CourtGlopton, J.
In April, 1887, appellee’s infant son was killed by the locomotive and cars of appellant. The father brings tlie action to recover for the injury. When first seen, the child was standing on the outside of the railroad track, but near enough to be struck by the pilot in passing. The special defenses are, that tlie defendant fulfilled its duty to the child in the matter of lookout and preventive effort, and contributory negligence on the part of the parent.
The first question raised relates to the character and measure of duty of the defendant at the time and place, and under the circumstances…
2Cases cited9 opinions
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- South & North Alabama Railroad v. ThompsonSupreme Court of Alabama · 1878
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Jones v. StricklandSupreme Court of Alabama · 1917
12 more not listed; retrieve them via the Exa API.