Central Railroad & Banking Co. v. Vaughan
Supreme Court of Alabama
Action for Damages against Railroad Company, by Administrator of Person Killed. Appeal from the Circuit. Court of Barbour. Tried before the Hon. Jesse M. Oaiimici-iael.
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Action for Damages against Railroad Company, by Administrator of Person Killed. Appeal from the Circuit. Court of Barbour. Tried before the Hon. Jesse M. Oaiimici-iael. This action was brought by Mrs. Sarah A. Vaughan, as administratrix of the estate of ber deceased husband, Asa Vaughan, to recover damages for the alleged negligence of the defendant’s servants which caused his death; and was commenced on the 4th March, 1890. The plaintiff’s intestate was an old man, 74 years of age, and was killed by one of defendant’s trains on the 11th March, 1889, while attempting to walk ■ across a long…
1Opinion of the CourtMcCLELLAN, J.
— 1. Plaintiff’s-intestate was confessedly guilty of negligence, which contributed proximately to his death, in being at the time of the fatal collision on the trestle supporting defendant’s track. He was a trespasser to whom the defendant owed no duty, except the exercise of .reasonable care and diligence after he was discovered on the track, or after his peril became apparent to its employes, to avoid injuring him. — Tanner v. L. & N. R. R. Co., 60 Ala. 621; L. & N. R. R. Co. v. Donovan, 84 Ala. 141; M. & C. R. R. Co. v. Womack, Ib. 149; Ga. Pac. Railway Co. v. Blanton, Ib. 154; Bentley v.…
2Cases cited6 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Nashville, Chattanooga & St. Louis Railroad v. HembreeSupreme Court of Alabama · 1888
- South & North Ala. R. R. v. DonovanSupreme Court of Alabama · 1887
- Carrington v. Louisville & Nashville RailroadSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
12 more not listed; retrieve them via the Exa API.