Alabama Great Southern Railroad v. Moorer
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. '.This was an action brought by a father for the negligent killing of a minor son about nine years of age. The complaint contains fourteen counts. Demurrers were sustained to the 2d, 3d, 4th and 5th counts. The 1st, 12th and 13 th counts alleged simple negligence The 6th, 7th, 8th, 9th, 10th, 11th and 14th counts alleged willful, wanton and intentional negligence.
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. '.This was an action brought by a father for the negligent killing of a minor son about nine years of age. The complaint contains fourteen counts. Demurrers were sustained to the 2d, 3d, 4th and 5th counts. The 1st, 12th and 13 th counts alleged simple negligence The 6th, 7th, 8th, 9th, 10th, 11th and 14th counts alleged willful, wanton and intentional negligence. A plea of “not guilty” was interposed to the entire complaint, and pleas of contributory negligence were interposed to the 1st, 12th and 13th…
1Opinion of the CourtHaralson, J.
1. A few well settled principles may be stated as controlling the decision of this case. “It is generally, and we think correctly held, [says Elliott] , that a railroad company is not botind to keep a *645lookout for trespassers upon the track.” — 3 Elliott on Railroads, §§ 1255, 1257. He cites many cases in support of tliis doctrine, and among them our own decisions. — Ga. Pac. R. Co. v. Ross, 100 Ala. 490; Memphis & C. R. R. Co. v. Womack, 84 Ala. 149; E. T. V. & G. R. R. Co. v. King, 81 Ala. 177. A duty to such a trespasser sets in, when his peril becomes apparent to the company’s employes,…
2Cases cited10 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
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Walker v. Capstone Building Corp.Supreme Court of Alabama · 2012
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
18 more not listed; retrieve them via the Exa API.