Birmingham Traction Co. v. Reville
Supreme Court of Alabama
Appeal from the 'Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellee, J. H. JRe-ville, against the appellant, Birmingham Traction Company, to recover fifteen thousand dollars ($15,000) damages for personal injuries sustained by plaintiff while in the employ of the defendant.
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Appeal from the 'Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellee, J. H. JRe-ville, against the appellant, Birmingham Traction Company, to recover fifteen thousand dollars ($15,000) damages for personal injuries sustained by plaintiff while in the employ of the defendant. The complaint contains six counts, but the plaintiff withdrew all of them except the 1 st, 3d and 6th, and the general affirmative charge was given for the defendant as to the 3rd count; leaving only the 1st and 6th counts. The 1st count avers the operation of a Street…
1Opinion of the CourtMcOLELLAN, C. J.
— We read the first count of the complaint to charge that /the want of a spring at the •switch or other appliance to hold the switch rail in posi*345tion for tlie safe passage of cars was a defect in the ways or works of the defendant. It is further explicitly averred that this defect arose from or had not been remedied, owing to the negligence of the defendant, or some person in its employment “entrusted with the duty of seeing that a spring or other proper, appliance was used in •connection ■ with said switch so as to hold the switch point in its proper position.” And to the defect thus averred…
2Cited by3 opinions
- Western Steel Car & Foundry Co. v. BeanSupreme Court of Alabama · 1909
- United States C. I. P. & F. Co. v. WarnerSupreme Court of Alabama · 1916
- Sloss-Sheffield Steel & Iron Co. v. DobbsSupreme Court of Alabama · 1914