# Gadsden & Attalla Union Railway Co. v. Julian

> Supreme Court of Alabama · November 15, 1901 · 133 Ala. 371

URL: https://www.frixlaw.com/law-library/cases/6519499

## Case

- **Full name:** Gadsden & Attalla Union Railway Co. v. Julian, Admr.
- **Court:** Supreme Court of Alabama
- **Decided:** November 15, 1901
- **Citations:** 133 Ala. 371
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Sharpe
- **Judges:** Sharpe
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6519499

## Opinion text

SHARPE, J.
Counts 1 and 2 of the complaint are each wanting in particularity of averment, in that they fail to show either that plaintiff’s intestate when injured was not a trespasser on defendant’s track, or that defendant’s servants in charge of the train became aware of his perilous position on the track and were thereafter guilty of actionable misconduct. — Ensley R. R. Co. v. Chewning, 93 Ala. 25 ; Savannah & W. R. R. Co. v. Meadors, 95 Ala. 137 ; Highland Ave. & B. R. R. Co. v. Robbins, 124 Ala. 113 ; L. & N. R. R. Co. v. Brown, 121 Ala. 221 .
A child as well as an adult may be a trespasser; and ordinarily a railroad company is under no more obligation to keep a lookout for children who, without enticement for Avhich it is responsible, may go on the track at a place they have no right to be, than to look out for adults. — Highland Ave. & B. R. R. Co. v. Robbins, supra; A. G. S. R. R. Co. v. Moorer, 116 Ala. 642 .; 3 Elliott on Railroads, § 1259. Therefore, the averment of infancy contained in counts 1 and 4 does not supply the facts essential to shoAV a duty breached. The demurrers to these counts respectively should have been sustained.
The demurrer to count 3 fails for want of specific grounds, since it merely adopts the grounds in what is referred to as the demurrer to count 2, and no demurrer to count 2 is found in the record.
Reversed and remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6519499. Public record. Not legal advice.