Louisville & Nashville Railroad v. Mothershed
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharps. This action was brought by W. H. Mothershed, as administrator of Thomas Edmunds, against the Louisville & Nashville Railroad Company, to recover damages for fhe killing of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharps. This action was brought by W. H. Mothershed, as administrator of Thomas Edmunds, against the Louisville & Nashville Railroad Company, to recover damages for fhe killing of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. The first count alleges the cause of the death of the intestate as follows: “And plaintiff’s intestate while in the discharge of his duties as engineer in charge of one of the defendant’s engines, which said engine was connected with and carrying one of the…
1Opinion of the CourtHead, J.
The sixth count of the complaint identifies the person alleged to have been gulity of the negligence causing the injury as the person in charge of the particular freight train which had been stopped on the track, at the specified time and place, and with which intestate’s train collided; We deem it unnecessary to decide whether or not this is a sufficient identification of the person charged with the negligence. See Railroad Co. v. George, 94 Ala. 214. The amendment of the second plea, after demurrer sustained, by which the words, “known to plaintiff’s intestate,” were inserted, was necessary…
2Cases cited2 opinions
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Richmond & Danville Railroad v. HissongSupreme Court of Alabama · 1892
3Cited by12 opinions
- Central R. Co. of New Jersey v. YoungCourt of Appeals for the Third Circuit · 1912
- Green v. Brainerd & Northern Minnesota Railway Co.Supreme Court of Minnesota · 1902
- Bradley v. DeatonSupreme Court of Alabama · 1922
- Hanson v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1939
- Great Northern Ry. Co. v. HookerCourt of Appeals for the Eighth Circuit · 1909
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