Southern Ry. Co. v. Benefield
Supreme Court of Alabama
Action Under Homicide Act. Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by E. F. Benefield and others as administrators, under the homicide act, against the Southern Railway Co., for the death of a minor child. Judgment for plaintiff, and defendant appeals.
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Action Under Homicide Act. Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by E. F. Benefield and others as administrators, under the homicide act, against the Southern Railway Co., for the death of a minor child. Judgment for plaintiff, and defendant appeals. The right to cross a railroad track is a qualified right and carefully guarded by our decisions. — Stringer v. R. R. Go., 99 Ala. 409; Glass v. R. R. Go., 94 Ala. 587; R. R. Go. v. Linn, 103 Ala. 139; T. G., I. & R. R. Go. v. Hanfsord, 125 Ala. 362. A person on a railroad track not. at a public crossing, is a…
1Opinion of the CourtMayfield, J.
This action is under the homicide statute, to recover damages for the wrongful death of plaintiffs’ intestate, who was a child under seven years of age.
The child was attending school on the day it was killed. It had been playing with its schoolmates, dur*590ing the noon recess, and the second bell was calling them from play to books. The playground, or a part thereof, extended across the defendant’s: railroad tracks from the schoolhouse. At the time of the fatal accident, a number of box cars, coupled together, were standing upon the track between the playground and the schoolhouse. The children…
2Cases cited15 opinions
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
- Memphis & Charleston Railroad v. CopelandSupreme Court of Alabama · 1878
- Stringer v. Alabama Mineral RailroadSupreme Court of Alabama · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Southern Ry. Co. v. MillerSupreme Court of Alabama · 1933
- Central of Georgia Ry. Co. v. BatesSupreme Court of Alabama · 1932
- Vessel v. Seaboard A. L. Ry. Co.Supreme Court of Alabama · 1913
- Wunderlich v. FranklinCourt of Appeals for the Fifth Circuit · 1938
- Ashley v. McMurraySupreme Court of Alabama · 1930
2 more not listed; retrieve them via the Exa API.