Louisville & Nashville Railroad v. Andrews
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by John D. Andrews against the Louisville & Nashville Railroad Company, for damages for injuries received, while engaged in the business of the master. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by John D. Andrews against the Louisville & Nashville Railroad Company, for damages for injuries received, while engaged in the business of the master. Judgment for plaintiff and defendant appeals. Plaintiff failed to prove his complaint or any count thereof, and hence, the defendant was entitled to the affirmative charge. — Richards v. Sloss-8. 8. & I. Co. 146 Ala. 245. No superintendence’ was shown, nor was Cunningham in the charge or control of an engine within the meaning of -.subdivision 5, section 3910, Code…
1Opinion of the CourtMayfield, J.
Appellee was a machinist, employed by appellant in its roundhouse at Montgomery. His chief duty was to repair engines, to discharge which it was frequently necessary to go under the engines; and for this purpose pits were dug between and under the railroad tracks. In case the engine to be repaired was dead — that is, not supplied with steam — it was moved *203over and off these pits by a switch engine operated by a hostler. The hostler was employed in the switching yards of the appellant company, and one of his duties was to bring in and take out the engines which were repaired. On the night of…
2Cases cited3 opinions
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. RichardsonSupreme Court of Alabama · 1893
- Freeman v. Sloss Sheffield Steel & Iron Co.Supreme Court of Alabama · 1902
3Cited by10 opinions
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Connors-Weyman Steel Co. v. KilgoreSupreme Court of Alabama · 1918
- Munson S. S. Line v. HarrisonSupreme Court of Alabama · 1917
- Watkins v. Bird-Sykes-Bunker Co.Supreme Court of Missouri · 1929
- Louisville & Nashville R. R. v. BontragerSupreme Court of Alabama · 1914
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