Cook v. Central Railroad & Banking Co.
Supreme Court of Alabama
Action to Recover Damages for Injuries, Resulting in Death of Person Walldng on Railroad. Appeal from the City Court of Montgomery. Heard, before the Hon. John A. Minnis. This was an action brought by James W. Cook^as administrator of the estate of Jacob Gunter, deceased, against the Central Bailroad and Banking Company of Georgia and the Georgia Bailroad and Banking Company, to recover damages for injuries inflicted on said Jacob Gunter, from which he died.
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Action to Recover Damages for Injuries, Resulting in Death of Person Walldng on Railroad. Appeal from the City Court of Montgomery. Heard, before the Hon. John A. Minnis. This was an action brought by James W. Cook^as administrator of the estate of Jacob Gunter, deceased, against the Central Bailroad and Banking Company of Georgia and the Georgia Bailroad and Banking Company, to recover damages for injuries inflicted on said Jacob Gunter, from which he died. On the trial the plaintiff proved that on April 1,1878, Jacob Gunter, a weak and feeble old man, was walking along, and across, a…
1Opinion of the CourtSomeryille, J.
— In Tanner’s Ex’r v. The Louisville & Nashville R. R. Co. 60 Ala. 621, and Gothard v. The Alabama Great Southern R. R. Co. 67 Ala. 114, this court has stated the doctrine of contributory negligence applicable to injuries to the person, produced by the want of proper care on the part of the servants and agents of railroad companies. Without reiterating in detail the principles there enunciated, we are satisfied to re-affirm them so far as they are germane to the points arising and necessary to be considered in this case.
In the former case, the principle, as stated by Stone, J., is…
2Cases cited8 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Carter v. ChambersSupreme Court of Alabama · 1885
- McDonald v. International & Great Northern Railway Co.Texas Supreme Court · 1893
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
30 more not listed; retrieve them via the Exa API.