Legal Opinion
Callaway v. Eason
Supreme Court of Alabama
Decided November 7, 1946No. 6 Div. 429PublishedCited by 6 opinions
1Opinion of the Court
SIMPSON, Justice.
Richmond Joseph Eason walked in front of an on-coming train of the defendant and was killed. The suit is under the Homicide Act, Code 1940, Tit. 7, § 123, and counted for recovery on subsequent negligence and wantonness. From a judgment for the plaintiff defendant brings this appeal. We entertain the opinion the result of the trial cannot be sustained under either theory.
The claim of negligence rested on alleged misconduct of the engineer in the operation of the train after discovery of peril, so the question was whether after discovering intestate’s plight, the engineer…
2Cases cited28 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Mobile Light R. Co. v. GadikSupreme Court of Alabama · 1924
- Beatty v. PalmerSupreme Court of Alabama · 1916
- Atlantic Coast Line R. Co. v. FlowersSupreme Court of Alabama · 1941
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3Cited by6 opinions
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Atlantic Coast Line R. Co. v. FrenchSupreme Court of Alabama · 1954
- Louisville N. R. Co. v. JohnsSupreme Court of Alabama · 1953
- Hartford Acc. & Indem. Co., Inc. v. AMERICAN COUNTRY CLUB INC.Supreme Court of Alabama · 1977
- Watts v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1951
1 more not listed; retrieve them via the Exa API.