Birmingham Railway & Electric Co. v. Bowers
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, Mary B. Bowers, as administratrix of the estate of Thomas J. Bowers, deceased, against the Birmingham Railway & Electric Company; and the appeal is taken by the defendant from a judgment in favor of the plaintiff. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, Mary B. Bowers, as administratrix of the estate of Thomas J. Bowers, deceased, against the Birmingham Railway & Electric Company; and the appeal is taken by the defendant from a judgment in favor of the plaintiff. The facts of the case are sufficiently stated in the opinion. It having been conceded by the appellee that the engineer and fireman were not charged with notice, in the absence of actual knowledge, that there were persons on the track at the time and place of the…
1Opinion of the CourtColeman, J.
The appellee, as administratrix sued to recover damages for the killing of Thos. J. Bowers. The complaint charges the defendant with simple negli■gence and, in different counts, with having wantonly inflicted the injury which caused the death of her intestate. The negligence averred is that the person in charge of an engine, and operating the same upon defendants’s road, negligently ran the engine against deceased while the latter was crossing the road track; and in other counts, that he wantonly ran the engine against the deceased.
To state plaintiff’s case in the most favorable light, that…
2Cases cited5 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Highland Ave. & Belt Railroad v. SampsonSupreme Court of Alabama · 1890
3Cited by61 opinions
- Reed v. BrunsonSupreme Court of Alabama · 1988
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Godfrey v. VinsonSupreme Court of Alabama · 1926
- Sharkey v. SkiltonSupreme Court of Connecticut · 1910
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