Kansas City, Memphis & Birmingham Railroad v. Smith
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by James W. Smith, against the appellant corporation, to recover damages for personal injuries sustained by plaintiff while in the discharge of his duties as a brakeman on the defendant’s road; and was commenced on the 29th January, 1889. The accident occurred on the 8th November, 1888, as the freight train ou which plaintiff was employed was crossing a trestle near the…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by James W. Smith, against the appellant corporation, to recover damages for personal injuries sustained by plaintiff while in the discharge of his duties as a brakeman on the defendant’s road; and was commenced on the 29th January, 1889. The accident occurred on the 8th November, 1888, as the freight train ou which plaintiff was employed was crossing a trestle near the depot at Jasper; the trestle giving way as a car loaded with guano struck it, and precipitating the car and its contents,…
1Opinion of the CourtSomerville, J.
1. The photograph of the trestle and of the wrecked train of cars was shown to have been taken about two hours after the accident occurred, and was verified by the testimony of the photographer as being a correct representation of the locality and scene. It was clearly admissible in evidence, to aid the jury in properly understanding the case.
It is a well understood rule, applied in every day practice in the courts, that diagrams and maps illustrating the scene of a transaction, and the relative location of objects, if proved to be correct, are admissible in evidence in order to enable the…
2Cases cited7 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Luke v. Calhoun CountySupreme Court of Alabama · 1875
- Dryer v. LewisSupreme Court of Alabama · 1877
- Locke v. S. C. & P. R. Co.Supreme Court of Iowa · 1877
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3Cited by15 opinions
- INTERNATIONAL UNION, ETC. v. RussellSupreme Court of Alabama · 1956
- Sanders v. DavisSupreme Court of Alabama · 1907
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
- Sanders v. StateSupreme Court of Alabama · 1918
- Ladd v. StateSupreme Court of Alabama · 1890
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