Memphis & Charleston Railroad v. Womack
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Tried before Hon. H. C. Speake. Tliis suit was brought against tlie railroad company by Martba Compton, as administratrix of ber busband, Charles Compton, wlro was run over and killed by a train of cars on defendant’s road. During tbe pendency of the suit plaintiff married one Womack, and on suggestion of this fact to tbe court, tbe suit was ordered to proceed in tbe name of Martba Womack, Adm’rx, &c.
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Appeal from Jackson Circuit Court. Tried before Hon. H. C. Speake. Tliis suit was brought against tlie railroad company by Martba Compton, as administratrix of ber busband, Charles Compton, wlro was run over and killed by a train of cars on defendant’s road. During tbe pendency of the suit plaintiff married one Womack, and on suggestion of this fact to tbe court, tbe suit was ordered to proceed in tbe name of Martba Womack, Adm’rx, &c. Defendant set up by plea this marriage as a bar to tbe continuance of tbe suit, to wbicli plea a demurrer was sustained. One of plaintiff’s witnesses testi-'…
1Opinion of the CourtClopton, J.
Tbe declaration of one of tbe train-men, testified to by tbe witness Larkin, should have been excluded on tbe authority of tbe following cases: Ala. Gr. So. R. R. Co. v. Hawk, 72 Ala. 112; Tanner v. L. L. N. R. R. Co., 60 Ala. 621. Tbe declaration was not sufficently connected with tbe main fact, or cotemporaneous therewith, to constitute a part of tbe res gestai. Without serving to explain or elucidate its character, it was merely a heartless narration of a transaction really and substantially past, only tending to prejudice tbe minds of tbe jury, and which should not, and does not bind tbe…
2Cases cited9 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
45 more not listed; retrieve them via the Exa API.