Louisville & Nashville R. R. v. Loyd
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by E. D. Loyd against the Louisville & Nashville Railroad Company and others. From a judgment for plaintiff, defendants appeal.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by E. D. Loyd against the Louisville & Nashville Railroad Company and others. From a judgment for plaintiff, defendants appeal. The following is charge 2: “The court charges the jury that, if they believe from the evidence that thel fireman on defendant’s engine on said occasion did see said plaintiff in his wagon when the engine was some 100 feet or more up the track, and the plaintiff and his wagon was 30 or 40 feet from the main track, then these facts did not place any duty on defendant to take any preventive…
1Opinion of the Court
de GRAFFENRIED, J. —
The plaintiff, E. D. Loyd, while attempting to cross the main track of the Louisville & Nashville Railroad, where it crosses one of the avenues of the town of Cullman, was struck by a passing train of the defendant, and this suit was brought to recover compensation for the damages which he suffered thereby. The plaintiff was in a wagon which was drawn by one horse. The roadbed of the defendant at the point of the injury runs north and south, and, at that point, there were three tracks, two side tracks and a main track. The main track is in the middle of the roadbed and has…
2Cases cited6 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
- Bason v. Ala. G. S. R. R.Supreme Court of Alabama · 1912
- Yarbrough v. CarterSupreme Court of Alabama · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Texas Turnpike Authority v. ShepperdTexas Supreme Court · 1955
- Alabama Power Co. v. BassSupreme Court of Alabama · 1928
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Southern Ry. Co. v. MillerSupreme Court of Alabama · 1933
- Atlantic Coast Line R. Co. v. FrenchSupreme Court of Alabama · 1954
26 more not listed; retrieve them via the Exa API.