Central of Georgia Railway Co. v. Ellison
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Nannie Ellison as Administratrix, etc., against the Central of Georgia Railway Company, for damages for the death of her intestate. Judgment for plaintiff and defendant appeals.
1Per curiam
The action is under the homicide statute, to recover damages for the wrongful death of plaintiff’s intestate! The case was tried on one count only, declaring on subsequent negligence; that is, negligence on the part of the agent or agents, servant or servants, of the defendant, after their discovery of the peril of intestate, who, at the time he was stricken, was a trespasser on the defendant’s track, he being stricken by a passenger engine running at the rate of about 25 miles an hour. The defendant pleaded the general issue and contributory negligence on the part of the intestate; that is,…
2Cases cited25 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Holden v. MinnesotaSupreme Court of the United States · 1890
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
20 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Campbell v. WilliamsSupreme Court of Alabama · 1994
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Fidelity-Phenix Fire Ins. Co. of New York v. MurphySupreme Court of Alabama · 1936
- Central of Georgia Ry. Co. v. CorbittSupreme Court of Alabama · 1928
- Jack Cole, Inc. v. WalkerSupreme Court of Alabama · 1941
23 more not listed; retrieve them via the Exa API.