Louisville & Nashville Railroad v. Black
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This action was brought by F. M. Black, as the administrator of the estate of John B. Daniel, deceased, to recover damages for the alleged negligent killing of his intestate by a locomotive engine belonging to the defendant.
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Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This action was brought by F. M. Black, as the administrator of the estate of John B. Daniel, deceased, to recover damages for the alleged negligent killing of his intestate by a locomotive engine belonging to the defendant. The accident occurred on the 18th April, 1887, near Bolling in said county; and the action was commenced on the 6th July, 1887. The defendant pleaded not guilty, and contributory negligence ; and issue was joined on these pleas. It appeared on the trial, as the bill of exceptions shows, that…
1Opinion of the CourtStone, C. J.
The principles which must control this case are settled by our former rulings. Plaintiff’s intestate was walking on defendant’s track, at a place which was neither a public crossing, nor in a city, town or village. He was a trespasser, and the defendant owed no duty to look out for trespassers.—M. & C. R. R. Co. v. Womack, 84 Ala. 149; Carrington v. L. & N. R. R. Co., 6 So. Rep. 910; 88 Ala. 472. A person on a railroad track, either crossing it, standing on it, or walking on it, must employ eyes and ears, that he may be informed whether there is an approaching train; and if he fail to do so,…
2Cases cited12 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- South & North Alabama Railroad v. ThompsonSupreme Court of Alabama · 1878
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
- Gothard v. Alabama Great Southern R. R.Supreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Southern Railway Co. v. DeckerCourt of Appeals of Georgia · 1908
- Neil v. Idaho & Washington Northern RailroadIdaho Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.