Southern Ry. Co. v. Harrington
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. A. O. Lane. Action by C. F. Harrington against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. The pleadings and facts are sufficiently set out in the opinion of the court.
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Appeal from Walker Circuit Court. Heard before Hon. A. O. Lane. Action by C. F. Harrington against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. The pleadings and facts are sufficiently set out in the opinion of the court. The following charges were refused to the defendant: (1) “The court charges you that if you are reasonably satisfied from the evidence that plaintiff’s injuries were proximately caused by inadequate clothing worn by plaintiff, to meet the demands of the season and climate, you must find for the defendant.” Charges 9 and 10 were the…
1Opinion of the CourtMayfield, J.
Appellee, a railway postal clerk, sues the defendant, railroad company, a carrier of the United States mail, for failure to properly heat or warm *634the car in which the mails were carried, and in which his duties required him to 'work and remain while on duty, as such postal clerk, by reason of which failure, on the part of the defendant, he was unduly exposed to the cold and was thereby made sick, had his feet frostbitten, contracted severe cold, bronchitis, etc. The defendant attempted to plead contributory negligence and assumption of risk as a defense to the action, together with the…
2Cases cited6 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
- Gunter v. . WickerSupreme Court of North Carolina · 1881
- Turrentine v. . Richmond Davidson RailroadSupreme Court of North Carolina · 1885
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. KetchamIndiana Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ray Wong v. Earle C. Anthony, Inc.California Supreme Court · 1926
- John H. Jackson v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1963
- Alabama Great Southern R. R. v. SmithSupreme Court of Alabama · 1912
- Silver v. New York Central RailroadMassachusetts Supreme Judicial Court · 1952
- Earle v. StateAlabama Court of Appeals · 1911
9 more not listed; retrieve them via the Exa API.