Louisville & Nashville Railroad v. Sides
Supreme Court of Alabama
, Appeal from the City Court of Anniston. Tried before tlie Hon. James W. Lapslex. Tlie appellee, as administrator of Thomas L. Sides, deceased, brought the present action against the Louisville & Nashville Itailroad Company and the Alabama Mineral Itailroad Company to recover damages for'the death of plaintiff’s intestate1, which is alleged to have been caused by his falling into a well, situated on the property of the defendants, and which the defendants left 'uncovered…
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, Appeal from the City Court of Anniston. Tried before tlie Hon. James W. Lapslex. Tlie appellee, as administrator of Thomas L. Sides, deceased, brought the present action against the Louisville & Nashville Itailroad Company and the Alabama Mineral Itailroad Company to recover damages for'the death of plaintiff’s intestate1, which is alleged to have been caused by his falling into a well, situated on the property of the defendants, and which the defendants left 'uncovered and unprotected, etc. On the trial of the -cause there were a verdict and .judgment for the defendants. The plaintiff…
1Opinion of the CourtDowdell, J.
On issue joined between the parties a trial by jury was had and a verdict rendered for the defendants. On motion of the plaintiff the verdict was set aside and a new trial granted. ■ From the judgment of the city court granting the new trial this appeal is pro-secuted. The grounds of the motion for the new trial were:
“1. The verdict is contrary to the evidence.
“2. The court erred in giving the several written charges requested by the defendants.
“3. Because the jury in their deliberations had and read the brief of law and points prepared by defendant’s counsel for the trial of this cause which…
2Cases cited3 opinions
- Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
- Clay v. City CouncilSupreme Court of Alabama · 1893
- Omaha & Republican Valley Railroad v. MartinNebraska Supreme Court · 1883
3Cited by16 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Whitten v. Allstate Ins. Co.Supreme Court of Alabama · 1984
- Nichols v. Seaboard Coastline Ry. Co.Supreme Court of Alabama · 1976
- Dulaney v. BurnsSupreme Court of Alabama · 1928
- Alabama Great Southern Railway Co. v. GodfreySupreme Court of Alabama · 1908
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