A. G. S. R. R. v. Vail
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action was brought by the appellee, Squire Thomas Vail, against the appellant, the Alabama Great Southern Railroad Company, to recover damages for personl injuries sustained by plaintiff who was an employe of the defendant corporation. The main facts in the case are set out in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action was brought by the appellee, Squire Thomas Vail, against the appellant, the Alabama Great Southern Railroad Company, to recover damages for personl injuries sustained by plaintiff who was an employe of the defendant corporation. The main facts in the case are set out in the opinion. Demurrers by the defendant were sustained to all of the counts of the complaint except the first, which was as follows: 1. “The plaintiff claims of the defendant the sum of five thousand dollars as damages for that…
1Opinion of the CourtSimpson, J.
This was a suit by appellee against appellant, for damages from a personal injury received by appellee, while engaged as an employe of appellant, in 'unloading heavy timbers from a car.
All of the counts of the complaint, except the first, (which is set out in the statement of the case) were 'eliminated. Demurrers were filed to this count which were overruled, and issue was then joined on pleas of the general issue, and contributory negligence. The complaint is clearly based on the common law liability of the master, and not upon the statute.
The evidence shoivs that Robert Miller was the…
2Cases cited21 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Williams v. WickerSupreme Court of Alabama · 1938
- Louisville & Nashville R. R. v. LileSupreme Court of Alabama · 1908
- Birmingham Railway, Light & Power Co. v. ElySupreme Court of Alabama · 1913
- Goodyear Yellow Pine Co. v. MitchellMississippi Supreme Court · 1933
- Edwards v. Southern Ry. Co.Supreme Court of Alabama · 1936
13 more not listed; retrieve them via the Exa API.