Louisville & Nashville R. R. v. Jenkins
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by J. C. Jenkins against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. Transferred from the Court of Appeals under Act of April 18, 1911 (Laws 1911, p. 449), § 6. The facts sufficiently appear. The defendant objected to the following evidence and moved to exclude it: Dr. Hays, testifying said: “I believe I treated Jenkins for rupture last spring.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by J. C. Jenkins against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. Transferred from the Court of Appeals under Act of April 18, 1911 (Laws 1911, p. 449), § 6. The facts sufficiently appear. The defendant objected to the following evidence and moved to exclude it: Dr. Hays, testifying said: “I believe I treated Jenkins for rupture last spring. I believe I remember him telling me it was bothering him some.” The following question was asked witness Buell: “If an engine…
1Opinion of the CourtThomas, J.
The bill of exceptions is established in this 2ause pursuant to appellant’s motion to that end. The case was *138tried on two counts of the complaint. The first count charges simple negligence on the part of defendant’s agents or servants, acting within the scope of their employment, whilst engaged in the operation of one of defendant’s trains, in that, while plaintiff was on a public highway a short distance north of Garden City, “the agents and servants of the defendant in charge of said locomotive so negligently conducted themselves in and about the operation and handling of said locomotive”…
2Cases cited44 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
39 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
26 more not listed; retrieve them via the Exa API.