Louisville & Nashville Railroad v. Hall
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. O. J. Semmes. This action was brought by William G. Hall, a minor suing by Ms next friend, against tbe Louisville & Nashville Railroad Company, to recover damages for personal injuries sustained by plaintiff while in defendant’s employment as brakeman; and was commenced on the 28th Februray, 1888. The accident occurred on the night of October 26th, 1887, when plaintiff, being on the top of one of the ears in the…
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Appeal from tbe City Court of Mobile. Tried before tbe Hon. O. J. Semmes. This action was brought by William G. Hall, a minor suing by Ms next friend, against tbe Louisville & Nashville Railroad Company, to recover damages for personal injuries sustained by plaintiff while in defendant’s employment as brakeman; and was commenced on the 28th Februray, 1888. The accident occurred on the night of October 26th, 1887, when plaintiff, being on the top of one of the ears in the discharge of his duties as brakeman on one of the defendant’s freight trains, was struck by the timbers of a bridge…
1Opinion of the CourtStone, C. J.
We lay down the following legal propositions: When, in crossing a public highway, it becomes necessary for a railroad company to span it with a bridge, it is its duty, if reasonably practicable, to place the structure at such an elevation as that trains, with their customary employes, can pass under it unharmed—Smoot v. M. & M. Railway Co., 67 Ala. 17; L. & N. R. R. Co. v. Allen, 78 Ala. *718501; Propst v. Ga. Pac. R. R., 83 Ala. 501; H. & T. Railway Co. v. Oram, 49 Tex. 341; Wilson v. L. & N. R. R. Co., 85 Ala. 269. This is not an absolute, unbending requirement, but it will yield to a…
2Cases cited35 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
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3Cited by58 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Missouri Pacific Railroad v. CooperTexas Supreme Court · 1978
53 more not listed; retrieve them via the Exa API.