Louisville & Nashville Railroad v. Williams
Supreme Court of Alabama
Action against a Railroad Company by Administrator to Recover Damages for the Negligent Killing of his Intestate. Appeal from the City Court of Birmingham.
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Action against a Railroad Company by Administrator to Recover Damages for the Negligent Killing of his Intestate. Appeal from the City Court of Birmingham. This was an action brought by the appellee, Charles R. Williams, as administrator, against the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent killing of his intestate, a baby, which it was alleged was so severely injru’ed in a wreck of one of the defendant’s trains that it died in consequence thereof. Under the opinion in this case, it is not deemed necessary to set out the facts in detail. There were…
1Opinion of the CourtHead, J.
This is an action against the Railroad Company for damages for a wrongful act or omission causing the death of plaintiff’s intestate. The complaint shows that the wrong complained of was committed in the State of Tennessee. It contains no averment of the existence of any statute in that State conferring a right or remedy for the recovery of damages, by any one, for such a wrong; and there is, consequently, no effort to enforce in the courts of this State a statutory right *404given by another State, which may be clone in proper cases.
In the absence of averment and proof to the contrary, we must…
2Cases cited23 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- McDonald v. . MalloryNew York Court of Appeals · 1879
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Vancouver Steamship Co. v. RiceSupreme Court of the United States · 1933
- Dozier Lumber Co. v. Smith-Isburg Lumber Co.Supreme Court of Alabama · 1905
- Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898
- Alabama Industrial School v. AddlerSupreme Court of Alabama · 1905
- Cherokee Laboratories, Inc. v. RogersSupreme Court of Oklahoma · 1965
18 more not listed; retrieve them via the Exa API.