Louisville & Nashville Railroad v. Richardson
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This suit was brought under subdivision 5 of § 2590 of the Code. There are two counts, differing in no essential respects except in the allegations of negligence.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This suit was brought under subdivision 5 of § 2590 of the Code. There are two counts, differing in no essential respects except in the allegations of negligence. The first count charges, that on the 30th March, 1890,the plaintiff was an employe of the defendant corporation, and was engaged in rubbing and wiping grease off of a locomotive engine, as it was his duty to do; and while so employed, a person in the employment of the defendant, who had the charge, or who had control of said locomotive engine on…
1Opinion of the CourtHaealson, J.
There was evidence tending to show that hostlers had been in the habit, before plaintiff was injured, of indulging 'the practice of moving switch engines about the engine yard of defendant, from which the jury might reasonably have found, that the practice had come to the knowledge of the company arid was pursued by its acquiesence, notwithstanding the fact, the jury might have believed from the evidence, that.the company had promulgated verbal rules against such practice.
The question propounded to the witness, Ed. Wright, on his cross examination by plaintiff—“Was it the custom and habit of…
2Cases cited2 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Whittaker v. . D. H.C. Co.New York Court of Appeals · 1891
3Cited by7 opinions
- Alabama Great Southern Railroad v. RoachSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. AndrewsSupreme Court of Alabama · 1910
- United States Cast Iron & Foundry Co. v. MarlerAlabama Court of Appeals · 1920
- Southern Ry. Co. v. SmithSupreme Court of Alabama · 1931
- Louisville N. R. Co. v. RushAlabama Court of Appeals · 1927
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