Cogbill v. Louisville & Nashville Railroad
Supreme Court of Alabama
Action for Damages for Death of Employe. Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Mary Cogbill, administratrix, against the Louisville & Nashville Bailroad Company, to recover damages for the death of her intestate caused by a collision of two trains. The facts are sufficiently stated in the opinion of the court. From a judgment for defendant plaintiff appeals. Affirmed..
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Action for Damages for Death of Employe. Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Mary Cogbill, administratrix, against the Louisville & Nashville Bailroad Company, to recover damages for the death of her intestate caused by a collision of two trains. The facts are sufficiently stated in the opinion of the court. From a judgment for defendant plaintiff appeals. Affirmed.. The court improperly sustained demurrers to counts 9 and 10.— Mary Lee G. & By. Go. v. Chambliss, 97 Ala. 174; M. & O. R. R. Go. v. George, 94 Ala. 199; Laughran v. Brewer, 113 Ala.…
1Opinion of the Court
TYSON,. C. J.
This is an action by appellant (plaintiff) to recover damages under the employer’s liability act for the death of her intestate, who was an engineer in defendant’s service, and who was killed in a collision of two freight trains between Boyles and Newcastle on the defendant’s road. The complaint contained 20 counts — 1 for the conversion of certain personal effects, for which a recovery was had. The other 19 were for damages for the death of the intestate. Three of these counts — 9,10 and 20 — were eliminated by demurrer, and as to the others the court gave the affirmative charge…
2Cases cited2 opinions
- Cowen v. RayCourt of Appeals for the Seventh Circuit · 1901
- United States v. GreeneDistrict Court, S.D. New York · 1901
3Cited by1 opinion
- Louisville & Nashville R. R. v. GraySupreme Court of Alabama · 1914