Louisville & Nashville Railroad v. Campbell
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. John P. Hubbard. This action was brought by T. J. Campbell, to recover damages for personal injuries alleged to have been sustained on account of a defective brake-rod and resulted in a judgment for plaintiff. The defendant excepted to the refusal of the court to give certain charges, among which were the following : (1) “If the jury believe the evidence, they must find for the defendant.”
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Appeal from Montgomery Circuit Court. Tried before Hon. John P. Hubbard. This action was brought by T. J. Campbell, to recover damages for personal injuries alleged to have been sustained on account of a defective brake-rod and resulted in a judgment for plaintiff. The defendant excepted to the refusal of the court to give certain charges, among which were the following : (1) “If the jury believe the evidence, they must find for the defendant.” (2) “If the jury believe from the evidence that the defect in the brake-rod could not have been discovered by any ordinary inspection thereof, and if…
1Opinion of the CourtHead, J.
— Appellee, basing his action upon the statute, Code. 1886 § 2590, sues the appellant to recover damages for personal injuries sustained. The complaint properly alleges facts essential to a recovery under that part of the statute on which it relies, which are, 1. That he was in the employment of the appellant as a railroad brakeman, 2. That a brake on one of the cars in apjiellant’s service was defective, 3. That while operating said brake, in the performance of the duties of his employment, he was injured by reason of the defect therein, and 4. That said defect arose from, or had not been…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- East Tenn., Va. & Ga. R. R. v. CarySupreme Court of Alabama · 1886
3Cited by16 opinions
- Klebe v. Parker Distilling Co.Supreme Court of Missouri · 1907
- Chicago, Indianapolis & Louisville Railway Co. v. WilfongIndiana Supreme Court · 1910
- Westinghouse Electric & Mfg. Co. v. HeimlichCourt of Appeals for the Sixth Circuit · 1904
- Clark-Pratt Cotton Mills Co. v. BaileySupreme Court of Alabama · 1918
- Louisville & Nashville R. R. v. BinionSupreme Court of Alabama · 1893
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