Birmingham & A. Ry. Co. v. Campbell
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. ' Action by Mrs. K. A. Campbell against the Birmingham & Atlantic Railroad Company for' damages for tbe death of her intestate in a crossing accident. Judgment for plaintiff, and defendant appeals. Most of tbe questions decided sufficiently appear from the opinion.
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Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. ' Action by Mrs. K. A. Campbell against the Birmingham & Atlantic Railroad Company for' damages for tbe death of her intestate in a crossing accident. Judgment for plaintiff, and defendant appeals. Most of tbe questions decided sufficiently appear from the opinion. Tbe following charges were refused to the defendant: (15) This action is based solely upon alleged negligence of defendant causing the death of plaintiff’s intestate, and even though you are satisfied from the evidence that plaintiff’s intestate was injured by the…
1Opinion of the CourtThomas, J.
The suit was for personal injury. Several questions are presented for review as to the introduction of evidence.
It having been proven that Mr. Campbell was in good health to the time of his injury, Mrs. Campbell, who had been in constant-attendance on her husband from abont the time of his injury to that of his death, over defendant’s objection, was permitted to testify that during this time he “didn’t have any other trouble.” Tbis question to Mrs. Campbell tended to show that no other attack or trouble than the injury in question had intervened before the time of his death, and was objected…
2Cases cited49 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Miller v. StateSupreme Court of Alabama · 1894
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
44 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Roan v. StateSupreme Court of Alabama · 1932
- Jackson v. VaughnSupreme Court of Alabama · 1920
- O'Bar v. Southern Life Health Ins. Co.Supreme Court of Alabama · 1936
- Pollard v. RogersSupreme Court of Alabama · 1937
27 more not listed; retrieve them via the Exa API.