Louisville N. R. Co. v. Franks
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by Cleveland" F. Franks against the Louisville & Nashville Railroad, for damages for personal injuries while engaged in its employment. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by Cleveland" F. Franks against the Louisville & Nashville Railroad, for damages for personal injuries while engaged in its employment. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Count 3 attributes the injuries to the negligence of one Jack Jenkins, a person in the service or employment of the defendant, who had superintendence intrusted to him and while in the exercise of such superintendence, in that he negligently allowed or suffered a piece of iron to…
1Opinion of the CourtThomas, J.
[1] When considering the general charge requested and refused, the question of the weight of the evidence is not before the court in the absence of a, motion for a new trial predicated thereon. It is only whether the tendency of evidence and reasonable inferences to be deduced therefrom were sufficient to warrant a submission on the facts to the jury under the pleading. McMillan v. Aiken, 88 South. 135; Crim v. L. & N. R. R. Co., 80 South. 376; Amerson v. Coronoa Coal & Iron Co., 194 Ala. 175, 69 South. 601; Tobler v. Pioneer M. &. M. Co., 166 Ala. 482, 517, 52 South. 86.
[2] The plaintiff was…
2Cases cited9 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Tennessee Coal, Iron & R. R. v. MooreSupreme Court of Alabama · 1915
- Choctaw Coal & Mining Co. v. DoddSupreme Court of Alabama · 1918
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Blackman v. SullivanSupreme Court of Alabama · 1921