Nave v. Alabama Great Southern Railroad
Supreme Court of Alabama
Appeal from tlie Circuit Court of DeKalb. Tried before the Hon. JOHN B. Tally. This is an action by Jacob A. Nave, as tlie administrator of tlie estate of Benjamin F. Nave, deceased, against tbe Alabama Great Southern Bailroad Company, a domestic corporation. The case is sufficiently stated in the opinion. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtColeman, J.
The present suit is by the plaintiff in his representative character as the administrator of the estate of Benj. F. Nave, deceased, and instituted to recover damages for the negligent killing of plaintiff’s intestate. Issue ivas joined upon the first and third pleas of the defendant. The first presented the general issue, and the third set up as a defense contributory negligence, and denied that the death was “the result of any wanton, reckless or intentional act done by the defendant.” There are four assignmeuts of error, and the questions raised by them will be considered in the order…
2Cases cited4 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Savannah & Western Railroad v. MeadorsSupreme Court of Alabama · 1891
- Columbus & Western Railway Co. v. WoodSupreme Court of Alabama · 1888
3Cited by26 opinions
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
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