Louisville & Nashville Railroad v. Hawkins
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A Sharpe. This action was by the appellee, James B. Hawkins, against the appellant corporation, and sought to recover damages for personal injuries, alleged to have been sustained by reason of the negligence of the defendant.
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. H. A Sharpe. This action was by the appellee, James B. Hawkins, against the appellant corporation, and sought to recover damages for personal injuries, alleged to have been sustained by reason of the negligence of the defendant. The complaint was drawn under sub-division 1 of section 2590 of the Code, and as amended, substantially alleged as follows: That plaintiff, while in the employment of- the' defendant as brakeman, “and acting under orders and directions of the defendant, was pulling a pin to uncouple the engine from the…
1Opinion of the CourtMcOLELLAN, J.
The complaint is drawn under clause 1 of section 2590 of the Code, and it pursues the language of that statute in charging defendant’s xxegligence in respect of the defect which is alleged to have caused the injury. It -was said in C. & W. Railway Co. v. Bradford, 86 Ala. 574, that iix a complaint drawix under the clause in question, facts would probably have to be alleged showing that the defect arose from, or had not been discovered or remedied, owing to the negligence of the master or employer, or of some person in his service entrusted with the duty of seeing that the machinery, &c., was…
2Cases cited16 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Lord v. City of MobileSupreme Court of Alabama · 1896
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
16 more not listed; retrieve them via the Exa API.