Southern Ry. Co. v. McGowan
Supreme Court of Alabama
Apeal from' Jackson Circuit Court. Heard' before Hon. W. W. Haralson. Action by John McGowan against the Southern Railway Company. ' From a judgment for plaintiff, defendant appeals.
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Apeal from' Jackson Circuit Court. Heard' before Hon. W. W. Haralson. Action by John McGowan against the Southern Railway Company. ' From a judgment for plaintiff, defendant appeals. This cause was tried on the' amended second count, which is as follows: “Plaintiff claims of the defendant, the Southern Railway Coinpany, a corporation, the sum of $1,990 as damages for the injury inflicted upon plaintiff, as stated i'n this' complaint, for that, at the time plaintiff was' injured, defendant was operating a railroad in this county, and plaintiff at said time was an employe in the service of the…
1Opinion of the Court
ANDERSON, J. —
It appears from the evidence that the plaintiffs fall and injuries were the result of the breaking of a cedar lever used by him and others-in propelling a hand car upon which they were riding while in the discharge of their duty to the defendant. It also seems to be a question of fact as to whether there was or was not a latent defect in the lever which caused it to break.- If the breaking of the l.ever was due to a hidden defect not known to the master, or. which had not been discovered by the use of ordinary diligence, then the master, would not be liable for injuries…
2Cases cited13 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Russell v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Henderson v. Tennessee Coal, Iron & Ry. Co.Supreme Court of Alabama · 1914
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- IMAC Energy, Inc. v. TittleSupreme Court of Alabama · 1991
13 more not listed; retrieve them via the Exa API.