Louisville & Nashville Railroad v. Markee
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. ’ This was an action brought by the appellee, Annie E. Markee, as administratrix of the estate of John S. Markee, deceased, against the Louisville & Nashville Nail-road Company ; and sought to recover damages sustained by the death of plaintiff’s intestate, which was alleged to have been caused by the negligence of the defendant. The complaint, as originally filed, contained three counts.
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. ’ This was an action brought by the appellee, Annie E. Markee, as administratrix of the estate of John S. Markee, deceased, against the Louisville & Nashville Nail-road Company ; and sought to recover damages sustained by the death of plaintiff’s intestate, which was alleged to have been caused by the negligence of the defendant. The complaint, as originally filed, contained three counts. On motion of the plaintiff the second count was stricken out. The first count of the complaint, after alleging the existence of…
1Opinion of the CourtColeman, J.
This is an action, under the- Employers’ Liability Act, to recover damages sustained by the death of plaintiff’s ib testate, averred to have been caused by the negligence of the defendant railroad company. The case was tried upon two counts. The first count charges, that the engineer in charge of the engine, ‘ ‘ran said engine without due care and negligently through said cut and around said curve and on the said John S. Markee,” &a., and that his death “was the result of the negligence of said engineer.” The other count charges a defect in the ways, works and machinery. The real contest was…
2Cases cited26 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
21 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Blazovic v. AndrichSupreme Court of New Jersey · 1991
74 more not listed; retrieve them via the Exa API.