Highland Avenue & Belt Railroad v. Miller
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee against the Highland' Avenue & Belt Railroad Company, for the recovery of damages for personal injuries, alleged to have been sustained by the plaintiff while he was in- the employment of the defendant as brakeman. The complaint contained three counts. The court gave the general affirmative charge for the defendant as to the second count.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee against the Highland' Avenue & Belt Railroad Company, for the recovery of damages for personal injuries, alleged to have been sustained by the plaintiff while he was in- the employment of the defendant as brakeman. The complaint contained three counts. The court gave the general affirmative charge for the defendant as to the second count. The substance of the allegations of negligence in the first count, as amended, and in the third count are sufficiently stated in the…
1Opinion of the CourtTyson, J.
Appellee sued to recover damages for injuries sustained by being knocked from and run over by a car on which he was acting as brakeman. The first count of the complaint, as amended, alleges that he was “knocked, shaken or jolted off of said car by reason of a violent jerk or shock of said engine and car,” and that he was “knocked, shaken or jolted from said car as aforesaid, and said injuries were caused by reason of defects in the condition of the means and appliances for controlling the motion of said engine, which means and appliances were a part of the machinery used in the business of…
2Cases cited2 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Birmingham Mineral Railroad v. WilmerSupreme Court of Alabama · 1892
3Cited by13 opinions
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
- Birmingham Railway Light & Power Co. v. WeathersSupreme Court of Alabama · 1909
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