Legal Opinion

Alabama Great Southern Ry. Co. v. Yount

Supreme Court of Alabama

Decided February 10, 1910PublishedCited by 12 opinions

Injury to Servant. Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by J. B. Yount against the Alabama Great Southern Railroad Company for damages for personal injury. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion of the court.

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Injury to Servant. Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by J. B. Yount against the Alabama Great Southern Railroad Company for damages for personal injury. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion of the court. Assignments of error 6, 7, 8, 9, and 10 relate to objections sustained by the court to questions propounded by appellant to its witness P. I. Morgan, and contained in the assignment, as follows: (6) “Now, I will ask yon whether or not these notches here on the quadrant were much worn anywhere on…

1Opinion of the CourtMoCLELLAN, J.

— The case went to the jury on the third count, alone, and on pleas 1, 2, and 3 as amended. This count declared on negligence in respect to the way, works, machinery, etc., in the usual form, the particular aspect being that the notches in the quadrant, designed to hold the latch in place, were worn. The injuring agency, and that without dispute, was the flying out of the reverse lever of a locomotive, crushing, etc., plaintiff’s foot, he being then the engineer in control of the engine. The reverse lever controls the forward or backward motion of the engine. It works in practically a…

2Cases cited3 opinions

  1. Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
  2. Birmingham Rolling Mill Co. v. RockholdSupreme Court of Alabama · 1904
  3. Tutwiler v. BurnsSupreme Court of Alabama · 1909

3Cited by12 opinions

  1. Wallace v. StateSupreme Court of Alabama · 1973
  2. Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
  3. Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
  4. Carraway v. GrahamSupreme Court of Alabama · 1928
  5. Southern Railway Co. v. LefanSupreme Court of Alabama · 1915

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