Southern Railway Co. v. Shields
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The facts of this case are fully stated in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The facts of this case are fully stated in the opinion. It may be well to say that the word “leads” as used in the opinion means two upright parallel pieces of timber of considerable height, placed at the front end of the car, between which the pile was placed when being driven, and with which also the hammer for driving the piles was connected. contended, that the defendant was entitled to the general charge and cited the following authorities: Ray on Negligence, 137 ; Bivins v. Ga. Pac. Ry. Go., 96 Ala. 325; R. <&…
1Opinion of the Court
McGLELLAN, O. J
— This' action was instituted by Wm. O. Savage against the Southern Railway Co.. There *462was judgment for plaintiff below, and the defendant appealed.-. Savage subsequently died and the cause has been--revived here in the name of Shields, the-adminis-. trator of his estate; ,
-’The.complaint- contained thirty-three counts. A num her of these were held bad on demurrer, and the affirmative charge for defendant was given on all the rest except the 4th and 6th. Each of the counts thus left in the case, was intended, to present a case under .the second subdivision-of section 2590 of…
2Cited by4 opinions
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Alabama Steel & Wire Co. v. TallantSupreme Court of Alabama · 1910
- Little Cahaba Coal Co. v. GilbertSupreme Court of Alabama · 1912
- Pioneer Mining & Mfg. Co. v. SmithSupreme Court of Alabama · 1907