Campbell v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. R. Tyson. This was an action by T.. J. Campbell against the Louisville & Nashville Railroad Company to recover damages for personal injuries caused by the breaking of a defective brake-rod.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. R. Tyson. This was an action by T.. J. Campbell against the Louisville & Nashville Railroad Company to recover damages for personal injuries caused by the breaking of a defective brake-rod. The case as originally presented is fully stated in the report of the decision on a former appeal, 97 Ala. 147. On the last trial, as on the first one, the evidence showed that the defective portion of the brake-rod was at a point where it could not have been seen or detected without taking out the rod key underneath, and raising the rod…
1Opinion of the CourtHead, J.
Our opinion pronounced when this cause was before us on a former appeal (97 Ala. 147) seems to have been, probably, misunderstood. There was then in the record no evidence, as we thought and still think, and so affirmed, to evoke discussion of the duty of railroads to overhaul and repair their cars and machinery when, by their continued use and general condition of wear, it would be suggested to the reasonably diligent and cautious, familiar with such appliances, that safety in operation required them to be overhauled and repaired, if repairs were found needed. The plaintiff, upon whom rested…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. CampbellSupreme Court of Alabama · 1892
3Cited by4 opinions
- Mobile Electric Co. v. SangesSupreme Court of Alabama · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
- Clark-Pratt Cotton Mills Co. v. BaileySupreme Court of Alabama · 1918
- Shankweiler v. Baltimore & O. R.Court of Appeals for the Sixth Circuit · 1906