Whitehead v. St. Louis & S. F. R. R.
Supreme Court of Alabama
Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Action by G. B. Whitehead, as administrator, against the St. Louis and San Francisco R. R. Co. for damages for the death of his intestate while upon the track of the defendant. Judgment for the defendant and plaintiff appeals.
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Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Action by G. B. Whitehead, as administrator, against the St. Louis and San Francisco R. R. Co. for damages for the death of his intestate while upon the track of the defendant. Judgment for the defendant and plaintiff appeals. The court was in error in directing a verdict for the defendant under the evidence in this case, as under it the jury were entitled to pass upon the issues raised by the pleading.— B. R., L. & P. Go. v. Jones, 153 Ala. 157; G. of Ga. Ry. Go. v. Partridge, 136 Ala. 587; 58 Am. Rep. 512; 6 Amer. St.…
1Opinion of the CourtAnderson, J.
The counts in this case proceed upon the theory that the defendant’s servants ran over or upon the plaintiff’s intestate after discovering his peril, or that they wantonly or willfully ran over or upon him.
It may be assumed that the intestate was killed by the defendant’s train going west, just before sundown on the afternoon of the 22d of February, yet there is nothing to indicate that he was seen by the enginemen. It is true the evidence shows that a person could have been seen some distance along the track at this point, but from aught that appears the intestate may have gotten upon the…
2Cases cited3 opinions
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
3Cited by7 opinions
- Louisville N. R. Co. v. HeidtmuellerSupreme Court of Alabama · 1921
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Southern Ry. Co. v. RandleSupreme Court of Alabama · 1930
- Callaway v. EasonSupreme Court of Alabama · 1946
- Alabama Power Co. v. BaleySupreme Court of Alabama · 1930
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