Alabama Great Southern Railroad v. Brooks
Supreme Court of Alabama
Appeal from the City 'Court of Birmingham. Tried before the Hon. '(Rías. A. Sbatk. This was an action brought by Nannie S. Brooks as a The evidence showed that on Eelmiary loth, 1900, appellant ran from Tuscaloosa towards Meridian a local freight train, consisting of many cars. This train was manned by Parks, conductor; Clements, engineer; Webb, flagman, and Brooks, plaintiff's intestate, brakenmn. The train reached Epps about 4 o’clock p. m. the same day.
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Appeal from the City 'Court of Birmingham. Tried before the Hon. '(Rías. A. Sbatk. This was an action brought by Nannie S. Brooks as a The evidence showed that on Eelmiary loth, 1900, appellant ran from Tuscaloosa towards Meridian a local freight train, consisting of many cars. This train was manned by Parks, conductor; Clements, engineer; Webb, flagman, and Brooks, plaintiff's intestate, brakenmn. The train reached Epps about 4 o’clock p. m. the same day. Epps is an incorporated town, and had an ordinance then in force prohibiting the running of trains at a greater rate of speed than six…
1Opinion of the CourtHaralson, J.
The court gave the affirmative charge for defendant as to each of the counts except the first, second, third and sixth.
1. That the demurrers to these counts were properly overruled we need not discuss after our repeated decisions sustaining counts of a similar character.—B. C. M. Co. v. Parker, 134 Ala. 293; 32 So. Rep. 700; Robinson M. Co. v. Tolbert, 132 Ala. 462; 31 So. Rep. 519; L. & N. R. R. Co. v. Jones, 130 Ala. 456; B. & L. Asso. v. Campbell, 121 Ala. 50; Southern Railway Co. v. Arnold, 114 Ala. 183; and the other cases referred to in these decisions.
2. The fifth plea sets up; that…
2Cases cited7 opinions
- Robinson Mining Co. v. TolbertSupreme Court of Alabama · 1901
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1900
- Bear Creek Mill Co. v. ParkerSupreme Court of Alabama · 1901
- Bessemer Land & Improvement Co. v. CampbellSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. BanksSupreme Court of Alabama · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. MatthewsTexas Supreme Court · 1906
- Thompson v. Magic City Trucking ServiceSupreme Court of Alabama · 1963
- Western Ry. v. RussellSupreme Court of Alabama · 1905
- Louisville & Nashville R. R. v. HandleySupreme Court of Alabama · 1911
- Woodward Iron Co. v. MinyardCourt of Appeals for the Fifth Circuit · 1948
11 more not listed; retrieve them via the Exa API.