Legal Opinion

Boland v. Louisville & Nashville Railroad

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 6 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was brought by the appellant, W. H. Boland, against the appellee corporation, to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant as a brakeman.

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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was brought by the appellant, W. H. Boland, against the appellee corporation, to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant as a brakeman. The complaint alleges in substance that plaintiff was an inexperienced brakeman on a construction train oh one of defendant’s roads, and that while in the discharge of his duties as such brakeman and performing his service in obedience to the order of the conductor on said train, he was permanently…

1Opinion of the Court

BRICKELL, O. J.

— A witness generally must depose to facts within his knowledge, and cannot be permitted to testify upoix mere conjectxxre or belief, however stroxig; nor are lxis inferences or conclusions admissible evidence. Whether an inexperierxeed man, who had xiever been instructed, could have made the coupling of the eax-s, the first time attexnpted, the plaintiff was attempting to make when injured, was not a fact. It was the matter *645of deduction or inference from all the facts in evidence as to the character of the device or contrivance with which the cars were to be linked together,…

2Cases cited2 opinions

  1. East Tennesse, Virginia & Georgia Railway Co. v. TurvavilleSupreme Court of Alabama · 1892
  2. Naftel v. OsbornSupreme Court of Alabama · 1893

3Cited by6 opinions

  1. Ross v. StateIndiana Supreme Court · 1907
  2. Southern Railway Co. v. ArnoldSupreme Court of Alabama · 1896
  3. York Manufacturing Co. v. Bessemer Ice Manufacturing & Storage Co.Supreme Court of Alabama · 1895
  4. D. B. Gore Co. v. PerrinCourt of Appeals for the Fifth Circuit · 1919
  5. John V. Farwell Co. v. McGrawColorado Court of Appeals · 1899

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