Johnson v. Louisville N. R. Co.
Supreme Court of Alabama
1Opinion of the Court
FOSTER, X
Charges S and 20 given for defendant were intended to state the law of subsequent negligence. The only count that went to the jury was one which alleged subsequent negligence. The injury was at the crossing of a public road with a railroad. Negligence is claimed to be that of the engineer Weaver after discovering plaintiff’s peril. The charges S and 20 not only require that Weaver shall have discovered plaintiff’s peril, and then negligently failed to use all the means at hand, but in addition, in order for plaintiff to recover, require that he was conscious that his failure would…
2Cases cited19 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
14 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Fidelity-Phenix Fire Ins. Co. of New York v. MurphySupreme Court of Alabama · 1936
- Holloway v. StateAlabama Court of Appeals · 1952
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1940
- Francis v. Imperial Sanitary Laundry & Dry Cleaning Co.Supreme Court of Alabama · 1941
- Ridgely Operating Co. v. WhiteSupreme Court of Alabama · 1933
24 more not listed; retrieve them via the Exa API.