Central of Georgia Railway Co. v. Foshee
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellees as administrators of the estate of Mary Auther, deceased; against the appellant to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint as originally filed contained five counts. It was subsequently amended by the addition of three other counts. The 4th and 7th counts were stricken on motion of the plaintiff.
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellees as administrators of the estate of Mary Auther, deceased; against the appellant to recover damages for the alleged negligent killing of plaintiff’s intestate. The complaint as originally filed contained five counts. It was subsequently amended by the addition of three other counts. The 4th and 7th counts were stricken on motion of the plaintiff. The 1st count of the amended complaint was as follows: “First Count.' The plaintiffs claim of the defendant twenty thousand…
1Opinion of the CourtMcCLELLAN, C. J.
That it is the duty of a person approaching the track of a railway for the purpose of crossing it to stop, and to look, and to listen if need be, that is if the exercise of the sense of sight does not suffice to fully disclose the situation for approaching trains, and that the omission of this duty followed by injury in collision with a train, locomotive, or car while attempting thus heedlessly to cross over the track, is as matter of law negligence on the part of the traveler so contributing to the result as to defeat his action counting on the injury as having been produced by the simple…
2Cases cited20 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
15 more not listed; retrieve them via the Exa API.
3Cited by125 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Green v. Los Angeles Terminal Railway Co.California Supreme Court · 1904
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
120 more not listed; retrieve them via the Exa API.