Southern Ry. Co. v. Shipp
Supreme Court of Alabama
Action for Death of Person on Trade. .Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by C. W. Shipp, as administrator for damage for death of intestate, against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear from the opinion.
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Action for Death of Person on Trade. .Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by C. W. Shipp, as administrator for damage for death of intestate, against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear from the opinion. The counts of the complaint, after setting forth the facts as they appear from the opinion, allege negligence as follows: (1) “That while said train was standing still at said depot and station, plaintiff’s intestate, a minor six years of age, started across the track at the rear end…
1Opinion of the CourtMayfield, J.
This is an action by the administrator under the homicide statute to recover damages for the wrongful death of plaintiff’s intestate, who was his son, a child of about six years of age. The chifd was killed in the town or village of Hollywood, by one of defendant’s freight trains while backing, and was killed just after the train had started; it had moved backwards only a few feet when it struck the father and child just as they were in the act of crossing the track. Plaintiff and his little son had come from their home some distance in the country to the town of Hollywood, which seems to…
2Cases cited5 opinions
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1897
- Alabama Great Southern Railroad v. DobbsSupreme Court of Alabama · 1893
- Vinnette v. Northern Pacific Railway Co.Washington Supreme Court · 1907
3Cited by16 opinions
- Lindley v. SinkIndiana Supreme Court · 1940
- Hazel v. Hoopeston-Danville Motor Bus Co.Illinois Supreme Court · 1923
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Ohnesorge v. Chicago City Railway Co.Illinois Supreme Court · 1913
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