Sevier v. Birmingham, Sheffield & Tenn. River R. R.
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Sreake. This action was brought by the appellant, D. V. Sevier, against the appellee corporation; and sought to recover for professional services, as a physician and surgeon, rendered to an employé of the defendant railway company, who had his foot injured while he was in the discharge of his duties as a brakeman. Issue was joined on the general issue.
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Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Sreake. This action was brought by the appellant, D. V. Sevier, against the appellee corporation; and sought to recover for professional services, as a physician and surgeon, rendered to an employé of the defendant railway company, who had his foot injured while he was in the discharge of his duties as a brakeman. Issue was joined on the general issue. Upon the trial of the case, as is shown in the bill of exceptions, the plaintiff introduced evidence which tended to show that in June, 1889, he was called in to see one…
1Opinion of the Court
OLOPTON, J
That a railroad company, as a general proposition, is under no legal obligation to provide surgical attendance for an injured employé, though the injuries, which render such attendance necessary, may be-received while in the performance of his employ ment, may be regarded as elemen*260tary. Humanity, however, imposes upon the company engaged in such hazardous business a moral obligation, when a person in its employment, without fault on his part, is injured while rendering service, to provide such assistance as may be necessary to prevent loss of life, or irreparable injury. This much…
2Cases cited6 opinions
- Louisville, Evansville & St. Louis Railway Co. v. McVayIndiana Supreme Court · 1884
- Toledo, Wabash & Western Railway Co. v. RodriguesIllinois Supreme Court · 1868
- Marquette & Ontonagon Railroad v. TaftMichigan Supreme Court · 1873
- Cairo & St. Louis Railroad v. MahoneyIllinois Supreme Court · 1876
- Tucker v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gypsy Oil Co. v. McNairSupreme Court of Oklahoma · 1936
- Hall v. N. Y., N. H. & H. R. R.Supreme Court of Rhode Island · 1906
- St. Mary's Academy v. Railways Ice Co.Supreme Court of Kansas · 1933
- Lancaster v. FutrellCourt of Appeals of Texas · 1920
- Renberg v. Chicago City Railway Co.Appellate Court of Illinois · 1910
2 more not listed; retrieve them via the Exa API.