The Montgomery advertiser., 1901-10-18

 signals given by the foreman of the | switching crew in charge of the train. to | the engineer and switchman, and that it was the duty of the switchman to keep a lookout for all signals given by the fore- man, @ charge asserts correct proposi- tion and should be given at the request of the defendant, which instructs the jury that if they believe the evidence 1t was the duty of the plaintiff. in riding the car, to have kept lookout for any and all signals that might have been given by the employe of the defendant"
 3. Same; same.-In such case, a charge is erroneous and properly refused which instructs the jury that if they "be- lieve from the evidence that there was no more shaking and jarring in said car at the time of the injury to the plaintiff than was usual or customary on defend ants railroad, at and before that time, their verdict must be for the defendant" such charge failing to predicate like con- ditions or similar circumstances. such as existed at the time of the alleged in- | jury.
 4 Same; same.-In such case a charge | asserts a correct proposition and should be given at the request of the defendant, l which instructs the jury that although the jury may believe from the evidence that said car was suddenly stopped, and was otherwise jared at the time plaintiff was injured yet they must find for the defendant unless they further believe from the evidence that said sudden stop ping of said car. or the sudden checking of said car caused an unusual shaking or jarring of said car"
 Reversed and remanded.
 Opinion by Dowdell, J.
 STEINER BROS. " BERNEY ct al.
 Bill in equity to set aside conveyance of
 70
 Court of Birmingham, in equity.
 1. Home stead exemptions; character of estate or title-Under the constitutional and statutory provisions, homestead exemption may be claimed in lands which are occupied and constitute the dwelling place of the family, without regard to the nature or character of the title, whether in fee simple, for life, or for years only.
 2 Same; same-A vested life estate In l pl operty used as a homestead may con- stltute a homestead exemption within the meaning of the constitution and statute |
 8. Same; when excess of value exempt | can be subjected to paryment of debts- If the inteerst in land claimed as home- | stead does not exceed two thousand dol | lars no part of such interest IS subject to execution for the payment of debts; | but if the debtors interest in said land, whether in fee simple or for life, exceeds | the value exempt, the excess only can | be subjected to the debt. and If such in- | tarest be sold, the debtor is entitled to | claims as exempt and to have paid to | him. two thousand dollars of the pro- | ceeds.
 4 Same; conveyance of homestead | valid as against creditors-Creditors can not complain of a conveyance or his homestead by their debtor, since they are not thereby injured or deprived or any rights under the law.
 5. Life estate; ascertainment Of value In ascertaining the valuc of life estate, the physical appearance, heaith ana age of the life tenant should be considered
 Affirmed.
 Opinion by Sharp, J. SUPREME LODGE OF KNIGHTS .oF
 PYTHIAS V. THOMAS. 1 Action unon a Life Insurance Poncy.-
 Appeal from the Circuit Court or
 I. Appeal: will not be entertained while petition for renearlhg tha sa e IS p csnse6 An appeal to the Supreme court rom an original judgment ren1ereo py .ne Circuit Court in a cause VIII not pc en tertained while there IS pendlnS m tne Circuit Court a proceeding for re-hear- ing in said cause.
 Appeal dismissed.
 Mcclellan. C. J. LOUISVILLE AND NASHVILLE RAIL-
 ROAD co. " JONES. ADMIR-.
 Action Against Railroad Company to Re cover Damages for Alleged Negligent Killing of Employe. from the Circuit Court of Jefferson.
 | Action for damages Tor kllilng em-
 nlcve. suficiency cf complaint.-1n an action aeairst railroad company by the odr,iristrator of ! deceased employe to recover damages for the d5ath or the nlaintiffs intestate, which was caused by a car falling upon the intestate whlle ne was assisting in placing 1t upon the track a count of the complaint "hl;n oases tbe recovery on the negligence of one to
 whom the defendant had intrusted super iy.terdence in that said person "neglt- gently caused or allowed the use of means or appliances in or about attempting 10 os+ said car ol said rails. which would | likely cause or allow said car to tal' states a sufficient cause or action 3 Same: same.-In such case. count of +be complaint which counts upon the ,,ae,,taence of one to whom superintend- anoe was entrusted by the defendant. in tbat said pcrson negligently "caused or aIIoued the attempt to get said car upon said rails without proper appliances states a sufficient cause or acton. | 8. Same; same.-ln such case count of the complaint, whicn attempts to pre-
 cent case under subdivision one of Sec +to,, 17Ao of the Code. and alleges that | | tt,aro ,,,os a defect in the condition of the 1 ways work. machinery or plant connect | os y,,itt ar usrd in the business of the de- | sendant in that the appliances used by | | aafandan+ in or about attempting to get | | eaid oar mon said rails were not proper | and s,,f9cient for that purpose does not state a cause of action ana IS supJect to demurrer. , 1 | 4. Same: measure or damaee.-ih an | n action against d railroad company by an | adrninistrator, to recover damages Tor the alleged negligent killing of the plain tiff,s intestate by the defendant, the dam l aoas recovarable are 10 be measured by tbe nacuniarv value of the life of the em- nIo,,a to his next of kin. resulting either | fro1o o relation of dependency or from 4to 5,s+ribution of such estate as 1t may | he inferred from the evidence he would have earned and saved but for his un- timely death. ,u.,,,,,,.,. =. ,, l ao,,oo Ip an action by an administrator ooatrs+ a railroad company to recover
 Ssn,as for the alleged negligent killing | e .p rlointirs intestate, where it is ot .ne .ba+ the intestate at the time of
 Sio sis daatb was unmarried and was p or
 aa ,,1o~s old and was sober and frugal.
 .1 taat tbot the intestate's mother was
 u,,1ou, and stood in the relation of de-
 pendency to the lnteslal7' ID ieie'aH' and admissible in evldence ,,-
 e sarae. admissibillty of evidence.-In
 'oh an action it is relevant and com
 petent to introduce teSuHio"S to ,, sno% ,,. eie
 5ooaaent's experionce in railroading;
 ucCOuOhN ralpV9nt to the