L. & N. R. R. v. Johnson Admx.
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Tried before Hon. H. C. Speak. Tbe facts upon which the opinion in this case are based, are sufficiently stated in the . opinion. The defendant requested the court to give the following written charges, and excepted to its refusal to do so. (1.) The court charges the jury that if they' believe the evidence in this case, they must find for the defendant.
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Appeal from Cullman Circuit Court. Tried before Hon. H. C. Speak. Tbe facts upon which the opinion in this case are based, are sufficiently stated in the . opinion. The defendant requested the court to give the following written charges, and excepted to its refusal to do so. (1.) The court charges the jury that if they' believe the evidence in this case, they must find for the defendant. (2.) .If the jury believe from the evidence, that at the place where deceased was put off the train, there was room for persons to have passed along the side of the railroad track without being struck by a…
1Opinion of the CourtHaralson, J.
This is the third appeal in this case. On the former — (92 Ala. 204; 104 Ala. 241) and especially in the latter — the law as applicable to the facts of the case was fully settled. In that decision, the following propositions were announced : 1. That mere drunkenness which does not take away consciousness and the power to consider and understand the danger to which one is exposed, nor deprives him of physical capacity to take care of himself and to avoid danger, does not relieve ■him-from the- responsibility of exercising due care to escape the danger, and if killed in consequence of such *65negle…
2Cases cited7 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Kline v. Cent. Pac. R.R.California Supreme Court · 1869
- Johnson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- Johnson v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
- Lammers v. Pacific Electric Ry. Co.California Supreme Court · 1921
- Williams v. BoldingSupreme Court of Alabama · 1929
- Louisville & Nashville R. R. v. Tuggle's Admr.Court of Appeals of Kentucky · 1913
12 more not listed; retrieve them via the Exa API.