Louisville & Nashville R. R. v. Turney
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Action by Lntber Turney against the Louisville & Nashville Railroad Company for damages for injury while crossing the defendant’s railroad track. From a judgment for plaintiff, and from tbe denial of its motion for new trial, defendant appeals. Plaintiff was injured by defendant’s passenger train near its station in tbe town of Falkville.
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Appeal from Morgan Circuit Court. Action by Lntber Turney against the Louisville & Nashville Railroad Company for damages for injury while crossing the defendant’s railroad track. From a judgment for plaintiff, and from tbe denial of its motion for new trial, defendant appeals. Plaintiff was injured by defendant’s passenger train near its station in tbe town of Falkville. This station, with the main track and two sidings, was located in the midst of the town, and within a few feet of a street crossing. On the side of the track opposite to the station are some storehouses, from which a pathway…
1Opinion of the CourtSomerville, J.
— On the trial in the court below it was not disputed but that plaintiff was a trespasser on defendant’s track, and was guilty of contributory negligence in going thereon as he did. Plaintiff's case, therefore, was that defendant’s servants failed to use due diligence to stop or slacken the speed of the train and so to avoid injuring plaintiff after discovering his peril, having time and opportunity to do so; or ■that they wantonly injured him. The latter phase of the case included in issue hot only the wanton negligence of the enginemen in not stopping or slackening the speed of the train…
2Cases cited10 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Craig & Co. v. Pierson Lumber Co.Supreme Court of Alabama · 1910
- Dawson v. Equitable Mortgage Co.Supreme Court of Georgia · 1899
- Ford v. HolmesSupreme Court of Georgia · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- Clements v. WebsterSupreme Court of Alabama · 1982
- Martin v. StateAlabama Court of Appeals · 1926
- Flanigan v. StateSupreme Court of Alabama · 1946
- Hatcher v. CampSupreme Court of Alabama · 1966
12 more not listed; retrieve them via the Exa API.