Tennessee Coal, Iron & R. R. v. Bridges
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. E. B. Almon. This was an action for damages for personal injury to an employe. It was begun by the person injured, A. A. Hughes, who died after the trial in the lower court and befoie this cause was submitted in this court. The cause was revived in the name of G. M. Bridges, as Admr. of the estate of Hughes.
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Appeal from Colbert Circuit Court. Heard before Hon. E. B. Almon. This was an action for damages for personal injury to an employe. It was begun by the person injured, A. A. Hughes, who died after the trial in the lower court and befoie this cause was submitted in this court. The cause was revived in the name of G. M. Bridges, as Admr. of the estate of Hughes. The complaint contained eight counts; the first four counting on the negligence of the defendant, through its servant, Jim Street, the 'engineer in charge of defendant’s engine, b3r negligent^ running his engine against defendant and…
1Opinion of the CourtSimpson, J.
The first count of the complaint is not a count under the statute, because it does not allege that the party whose negligence is complained of was in charge'of an engine on a railroad. — Code 1896, § 1749, subsec. 5; Sloss-Sheffield Steel & Iron Co. v. Mobley, 139 Ala. 425, 36 South. 181. As a complaint at common law said count alleges that the injury resulted from the wanton, reckless, or intentional act of a fellow servant *237of plaintiff, but does not allege or show that the master was guilty of negligence in the selection of said servant, or in 'the orders given him, or otherwise.…
2Cases cited8 opinions
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
- Sloss-Sheffield Steel & Iron Co. v. MolbleySupreme Court of Alabama · 1903
- Bessemer Liquor Co. v. TillmanSupreme Court of Alabama · 1903
- Southern Railway Co. v. MooreSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ray v. RichardsonSupreme Court of Alabama · 1948
- Phillips v. AshworthSupreme Court of Alabama · 1929
- Weir v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1929
- Associated Grocers of Alabama v. Graves Co.Supreme Court of Alabama · 1961
- C. C. Snyder Cigar & Tobacco Co. v. StuttsSupreme Court of Alabama · 1926
3 more not listed; retrieve them via the Exa API.