Dilburn v. L. & N. R. R.
Supreme Court of Alabama
Appeal from Escambia Circuit Court. Heard before Hon. J. C. Richardson. Action by J. S. Dilburn, administrator, against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. The exceptions to evidence and the nature of the action áre sufficiently stated in the opinion of the court. The following pleas were filed to the complaint: (1) The general issue.
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Appeal from Escambia Circuit Court. Heard before Hon. J. C. Richardson. Action by J. S. Dilburn, administrator, against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. The exceptions to evidence and the nature of the action áre sufficiently stated in the opinion of the court. The following pleas were filed to the complaint: (1) The general issue. (2) “Defendant says that the plaintiff’s intestate contributed directly and proximately to his own injury and death by stepping off of a moving train and holding onto the rails thereof, whereby he was…
1Opinion of the CourtSimpson, J.
This suit Avas brought by the appellant against the appellee for damages for the death of plaintiff’s intestate, S. G. Dilburn, who' was hilled in attempting to alight from defendant’s train. The counts of the complaint on which the case was submitted to the jury were counts 1, 2, and 4. Counts 1, and 4 simply charge, in general terms, that intestate’s death was caused by negligence. The second count, as amended, charges that defendant’s servants, AAthile acting within the scope of their employment, “willfully, wantonly, and intentionally caused plaintiff’s intestate, who was a passenger in…
2Cases cited3 opinions
- Thornton v. StateSupreme Court of Alabama · 1896
- Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
- Central Railroad & Ranking Co. v. MilesSupreme Court of Alabama · 1889
3Cited by12 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Atwood v. AtwoodSupreme Court of Connecticut · 1911
- Louisville & N. R. R. v. DilburnSupreme Court of Alabama · 1912
- Blalack v. BlacksherAlabama Court of Appeals · 1914
- Stanfield v. StateAlabama Court of Appeals · 1912
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