Mobile & Montgomery Railway Co. v. Clanton
Supreme Court of Alabama
APPEAL from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This suit was brought by Edwin H. Clanton, at the February term, 1877, of the City Court of Montgomery, against the Mobile and Montgomery Railway Company, to recover wages earned by the plaintiff as a conductor of one of its freight trains.
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APPEAL from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This suit was brought by Edwin H. Clanton, at the February term, 1877, of the City Court of Montgomery, against the Mobile and Montgomery Railway Company, to recover wages earned by the plaintiff as a conductor of one of its freight trains. The defendants pleaded “ in short, by consent, first, Recoupment—tbe defendant having sustained damage equal to the amount claimed by plaintiff by reason of the neglgence of the plaintiff as a conductor on defendant’s railroad; and secondly, Set-off.” The amount due the…
1Opinion of the Court
MANNING, J.—
Appellee, Clanton, who rvas plaintiff in the City Court, was conductor of freight trains on the railroad of appellant. The cab-car, or caboose, at the end of a train under his charge, got damaged, without his fault, on its passage to Mobile. The cord also was broken by which communication was maintained between it and the engine at the front. And when a train was made up for him, for the return trip, to come up at night, he was not furnished according to his request, with a cord that should connect the rear car with the locomotive, and urns obliged to take a place with the…
2Cases cited1 opinion
- Eads v. MurphySupreme Court of Alabama · 1875
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- Beard v. HortonSupreme Court of Alabama · 1888
- Hiller v. GoodwinSupreme Court of Alabama · 1953
- Krou v. VerkentorenSupreme Court of Alabama · 1890
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