Louisville & Nashville Railroad v. Boland
Supreme Court of Alabama
Upon tbe introduction of all tbe evidence, tbe court, at tbe request of tbe plaintiff, gave tbe following written charge: “ Tbe court charges tbe jury that it is for tbe jury to determine from all tbe evidence whether the defendant was negligent, and whether tbe injury to tbe plaintiff resulted from such negligence.”
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Upon tbe introduction of all tbe evidence, tbe court, at tbe request of tbe plaintiff, gave tbe following written charge: “ Tbe court charges tbe jury that it is for tbe jury to determine from all tbe evidence whether the defendant was negligent, and whether tbe injury to tbe plaintiff resulted from such negligence.” Tbe defendant excepted to tbe giving of this charge, and also excepted to tbe court’s refusal to give tbe following written charge requested by it: “If tbe jury believe tbe evidence in this case, they must find for tbe defendant.” Verdict and judgment having been rendered for tbe…
1Opinion of the CourtThobington, J.
Appellee brought suit against tbe Louisville & Nashville Bailroad Company to recover damages for an injury sustained by him while in tbe company’s employment as a brakeman.
At tbe time of his employment be was about twenty-six years of age and without experience in tbe railroad business. When tbe injury complained of wa.s received be bad been acting as a brakeman on construction trains on appellant’s mineral road for about four weeks, and during that time bad exhibited skill and dexterity in coupling cars. At tbe beginning of bis employment be was instructed generally that railroading was a…
2Cases cited9 opinions
- Smith v. Peninsular Car WorksMichigan Supreme Court · 1886
- Michigan Central R. R. Co. v. SmithsonMichigan Supreme Court · 1881
- Buckley v. Gutta Percha & Rubber Manufacturing Co.New York Court of Appeals · 1889
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Indianapolis Bloomington & Western R. R. v. FlaniganIllinois Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Robinson Mining Co. v. TolbertSupreme Court of Alabama · 1901
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1900
- Louisville & Nashville R. R. v. BinionSupreme Court of Alabama · 1894
- Whitcomb v. Standard Oil Co.Indiana Supreme Court · 1899
- Louisville & Nashville Railroad v. BanksSupreme Court of Alabama · 1894
6 more not listed; retrieve them via the Exa API.