Louisville & Nashville Railroad v. Woods
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This was an action brought by the appellee, Cicero "Woods, against the appellant, the Louisville & Nashville Railroad Company, to recover damages received by the plaintiff while in the service of the defendant upon one of its trains as a brakeman.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This was an action brought by the appellee, Cicero "Woods, against the appellant, the Louisville & Nashville Railroad Company, to recover damages received by the plaintiff while in the service of the defendant upon one of its trains as a brakeman. The material facts of the case relating to the pleading are substantially the same as they were on the former appeal, as disclosed in the report of the case in 105 Ala. 561, to which special reference is here made. Upon the examination of the conductor of the train upon…
1Opinion of the CourtMcCLELLAN, J.
We adhere to and reaffirm, the rulings made on the former appeal in this case to the effect: (1) that counts 2 and 8 added to the complaint by amendment did not constitute a departure from the original complaint; and (2) that said new counts had relation to the filing of the original complaint, and were not barred by the statute of limitations of one year. L. & N. R. R. Co. v. Woods, 105 Ala. 561.
The fact that it would have been the duty of the rear brakeman on the train, upon seeing that it was going at a dangerous rate of speed, to set up brakes was obviously not pertinent to any issue…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. WoodsSupreme Court of Alabama · 1894
3Cited by3 opinions
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Davis v. KornmanSupreme Court of Alabama · 1904
- Townes v. Dallas Manufacturing Co.Supreme Court of Alabama · 1908