Birmingham Southern Railway Co. v. Fox
Supreme Court of Alabama
Apeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Cassie Fox as administratrix against the Birmingham Southern Railway Company for damages for the death of her intestate. Judgment for plaintiff and defendant appeals.
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Apeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Cassie Fox as administratrix against the Birmingham Southern Railway Company for damages for the death of her intestate. Judgment for plaintiff and defendant appeals. The court erred in allowing it to be shown in this case that the whistle was not blown nor the bell rung. — N. G. & St. L. v. Harris, 142 Ala. 252. The custom of a large number of people to use that track was not competent. — Glass v. M. & O. 94 Ala. 581. The court should have given the. affirmative charge as to the 1st count. — M. J. & K. G. R. R. Go.…
1Opinion of the CourtMayfield, J.
Appellee’s intestate was killed by a train or locomotive engine of appellant’s while he was walking along its track. Intestate, on seeing the approaching train and his danger, attempted to leave the track by climbing a steep bank of ashes or coke braize, which refuse matter is left from the manufacture of coke. This matter is loose like ashes or sand, and it slipped or slid in his attempt to climb it, causing intestate to fall or roll back on the track or near enough to be struck by some part of the engine and killed.
Whether or not the bell was rung or the whistle was blown, at about the time…
2Cases cited8 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Alabama Great Southern R. Co. v. GrauerSupreme Court of Alabama · 1924
- Blackmon v. Central of Georgia Railway Co.Supreme Court of Alabama · 1914
8 more not listed; retrieve them via the Exa API.