The Birmingham age-herald., 1921-02-11
BABY'S DEATH ID COST 1. $ N. S15,OOO
 HIGH COURT RULES
Opinion Declares Engineer Did Not Stop Train in Time to Save Baby'S Life.
 Other Decisions
By FRED II. GORMLEY
ntgoemery. Bureau The Age Herald
 92I-2 First National Bank BuiIdin

.s1-2 First National Bank Building
 Montgomery, February 10.-tSpeciaIj- The Louisville and Nashville railroad must pay l.. R. Cross of Covington coun- ty s150Oo because the engineer of one of it's trains did not stop the train in time to prevent the death of Cross 29-month old child. under decision of the su- preme court Thursday. The railroad sought a new trial on the ground that the judgment was excessive, and on the further ground that the lower court un- der the evidence, should have given the corporation the affirmative charge. The supreme codrt held that the evidence was sufficient to warrant the verdict and refused to interfere with the judgment of the lower court.
 Another ground for the request for a reversal was the reference Of an attor- ney for Cross to a judgment of the same amount given against the same railroad in another case which was similar to the one on trlaI. The remark was ad- dressed to the court III the presence or the jury. The rallroad contended lhat the Jury should have ueen taken rom the room before any reference was maoe to another judgment. The supreme court held that the effect of the remark was lost when the judge informed the Jury that it was not to consider the state ments in the other case, but was to reach a verdict solely on the evidence ln the case on trial.
 The supreme court refused the appll- cation for rehearing in the companion cases from Jefferson county lnvolVns the claim of the board of revenue Of Jel- ferson county that it was not liable TOT the maintenance of certain streets Tn DIT mingham and could use the road fund in meeting other obligations of the coun- ty. The supreme court recently held that an act applicable to Jefferson county re- ouires the county board to maintain the streets which lead to and from the coun- ty courthouse.
 Other decisions announced by the su- preme court of Alabama Thursday TOT low:
 Anderson, c. J.--Milan-M Morgan com pany. claimant, 500 sacks of feed and loa sacks of feed, vs. state of Alabama, ap- peal from Montgomery circuit court Qn eouity) reversed and remanded. H. n. White vs. w. B. Glenn ct al, appeal from Coffee circuit court, affirmed R -L Hood vs. J. H. Martin, appeal from Etowah circuit court Gin equity); ar firmed T.. E,. Stewart vs. Josephine stew art appeal from Pckens circuit court .in eauity) reversed and remanded. w. G. Senior. claimant, one Chevrolet automo- bile vs state, appeal from Taliadega CIT cult court Gn equity) affirmed.
 Mcclellan J-Mattie Goodman vs F. F. Carroll ct al, appeal from Cofiee circuit court Gin equity); reversed anu remanded Ex parte sovereign camp Woodmen of the World Gre sovereign camp Woodmen of the World vs DennlSl, petition for certiorari to court oi ap- peals: writ denied (opinion). Louis'iiie and Nashville Railroad company vs: l.. K. Cross, appeal from CoVlhseoh eh~ui- court, affirmed.
 Sorneryille J.-Robert Allen ct all Vs. Earl E.. Pugh; appeal from Chsctaw cir- cult court Gin equity1 reversed ana ren- flered. John $. Whiteman vs. Mary U. Taber. appeal from Montgomery circuit court Gin equity) affirmed. Eva F. Gar- rett, executrix. ct al. vs. M z. berry, appeal from Lowndes circuit court m eauity); reversed, rendered and remand- ed Walker D. Hines, director general vs. Thomas L. Dollar, appeal from Jel- ferson circuit court; affirmed Ex paree William H. Hill. petition for certiorari to court of appeals; writ denied lopihloh''
 Thomas. J.-John w. Turner vs. J. W. G. DePriest appeal from Crenshaw GIT cult court( in equity); affirmed Sarah A. Harrison vs Mrs. A. E. Sollie ct al., appeal from Henry circuit court; al firmed. Louisville and Nashville Rait road company vs. Cleveland F. Franks appeal from Morgan circuit court; re- versed and remanded
 Rulings on Rehearings--Maryland Cas- ualty company vs state of Alabama ap' peal from Montgomery circuit court; ap- plication overruled M. Slaughter vs. Mrs. $. E. Webb, appeal from Jefferson circuit court Gin equity); application overruled, opinion extended. Board oi revenue of Jefferson county vs. city oi Birmingham. appeal from Jefferson CIT cult court Gin equity; affirmed Saran A. Jones vs. Amanda J. Caraway, ap' peal from Tuscaloosa circuit court uh eouity); overruled R. l.. Hood vs. lsoni Warren ct al. appeal from Etowah CIT cult court; overruled. John E. Kay, prs ami vs Elston ct all, appeal from Cai- houn circuit court; application overruied, opinion extended c. s. Chenault vs. Ed Milan. appeal from Morgan circuit court Gin equity); overruled Ernest orr Vs. Decatur Box and Basket company, ap. peal from Morgan circuit court; over ruled. Board of revenue of Jefferson county vs city of Birmingham appeal from Jefferson circuit court; overruied.
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