Louisville & Nashville R. R. v. Burke
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by J. A. Burke, an engineer in the employ of the Birmingham Southern Railway Company, against the Louisville & Nashville Railroad Company for injuries received in a collision caused by backing an L. & N. Railroad train into plaintiff’s engine. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by J. A. Burke, an engineer in the employ of the Birmingham Southern Railway Company, against the Louisville & Nashville Railroad Company for injuries received in a collision caused by backing an L. & N. Railroad train into plaintiff’s engine. Judgment for plaintiff and defendant appeals. The appellee was a trespasser at 'the time of his injuries on appellant’s track No. 4, and the fact that he had used that track on other occasions did not give him the right to do so.— A. G. S. R. R. Co. v. Godfrey, 156 Ala. 203; L.…
1Per curiam
This was an action by the appellee to recover damages for personal injuries sustained by him as a result of the rear end of a train of the appellant being backed in the nighttime into an engine of the Birmingham Southern Railroad Company, of which at the time the appellee was in charge as the engineer, and while it was standing upon the track which was a part of a railroad yard of the appellant. ' This yard was but a short distance from the junction point of appellant’s line with that of the Birmingham Southern Railroad Company. It was principally used by the'appellant as a place for leaving…
2Cases cited9 opinions
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Smith v. GayleSupreme Court of Alabama · 1877
- Phillips v. KellySupreme Court of Alabama · 1857
- McMarshall v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Thompson v. N. C. & St. L. RailwaySupreme Court of Alabama · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wright v. McCordSupreme Court of Alabama · 1920
- Louisville & Nashville R. R. v. BurkeSupreme Court of Alabama · 1916