The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-28
Head Notes Of the Decisions
offhe Alabama Supreme Court

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ward ala not know Of the fraud. until
the guardian Was discharged. and that
the bill was flied within Z year after
the discovery OF the fraud. was suf-
ficient to bring the bill within the pur-
view OF section asia. Code 1895.
.. Guardian and ward; transaction
between: sitter majority.-EQuity will
not permit transaction between
guardian and ward to stand unless the
fullest elaboration by the ward and
the utmost good faith Of the guardian
IL shown. even when they occur after
the majority OF the ward. IL the period
Intervening 10 short. since the latter's
Influence 10 presumed to affect the
transaction, especially II all of his
duties have not ceased. So. the
guardian cannot procure an acknow-
ledgment OF settlement from his ward.
and q written declaration TO the pro-
bate court to discharge the guardian.
without Q Just and full account or dis
closure OF the true condition OF the
accounts.
4. Same; settlement: burden Of
proof.--The burden 10 on the guardian
to show that he dealt fairly with the
ward ana fully communicated every
fact which might affect her assent to
the settlement, In an action between
the ward and. guardian to set aside a
settlement made shortly after majority.
5. Same: payment Of Interest,"
Element in 1891 and made no settle
nfent Afterwards and was discharged In
1898 upon acknowledgement of full
settlement, procured from the ward.
the guardian was chargeable with
simple interest on all funds held after
partial settlement.
8. Pleadings; conclusiveness on
pleader--Where the guardian charged
himself with interest on an item from
the same period as claimed by the ward
and allowed by the register. In his
statement Of his account attached to
his answer. he IL bound thereby. and
cannot thereafter claim that interest
should have been allowed for q less
period.
Appeal from Mobile Chancery Court.
Heard before Hon. Thomas H Smith.
Affirmed. Opinion by Denson,J.
Tyson c. j.. HARRISON and Simpson.
u. concur.
SOUTHERN RY. co. VS.. cUII4ATT.
Damages for Death OF Person on Track.
Decided January Is. 1sos.--4s
South l71.)
/. Railroads: injury to persons on
track: proof .--where the action is for
injury for the negligent failure of the
trafnmen to stop the train after seeing
q person on the track. It Is essential to
prove knowledEs OF the persons peril,
on the part Of the trainmen.
.. Samef jury ouestion.---Whether or
not the company's employees saw the
peril OF interstate on the track in time
to have stopped the train. is under the
evidence In this case. q question for the
jury.
.. Appeal and error: harmless error.
lit was not prejudicial to the defen-
dant to permit testimony Of the intes-
tate's residence before his death. nor as
to how. long interstate had resided AT
that place. where the action was for
intestate's death by being struck by de-
fendant's train.
4. Same: objections below; scope
The question whether the Hypothetical
question included facts not in evidence
IL not raised on appeal by objections
based on tho grounds of illegaiity and
inmateriality.
s. Evidence; expert evidences: COM
petency.---One who has had twenty
years experience In railroading ana had
served two years as fireman and three
years as freight engineer, and had
often observed passenger trains being
stopped, was competent to state as an
expert within what distance q pas
senger train could be stopped. although
he had never run q passenger train;
the engines being similar In type, even
though the cars composing the two
trains are different
9. Same: weight and sufficiency; IN
ferences.--Such differences as the jury
believed to be fair and reasonable and
consistent with the other evidence may
be drawn by juries from facts proven
to their reasonable satisfaction.
~. Railroads: injury ON track: evil
dence.--It having no tendency to prove
that fact. and evidence thereof being
otherwise obtainabie. 1t was not COM
petent to prove the number OF coaches
In the train that sruck intestate, by
evidence OF the number Of coaches In
the daily train OF the same number and