St. Louis & S. F. R. R. v. Phillips
Supreme Court of Alabama
Injury to Servant. Appeal from Walker Law and Equity Court. Heard before Hon. T: L. Sowell. Action by J. M. Phillips against the St. Louis & San Francisco Railroad Company. From a judgment for plaintiff, defendant appeals.
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Injury to Servant. Appeal from Walker Law and Equity Court. Heard before Hon. T: L. Sowell. Action by J. M. Phillips against the St. Louis & San Francisco Railroad Company. From a judgment for plaintiff, defendant appeals. Count 1 was as follows: “The plaintiff claims of the defendant $5,000 in damages, in this: At the time of the infliction of the injuries herein complained of, on, to wit, the 27th day of April, 1906, the defendant was engaged in operating steam locomotives, engines, and cars on its railroad in Walker county, Alabama; that plaintiff was in the employ, of defendant on one of…
1Opinion of the CourtEvans, J.
— Appellee brought suit against appellant for damages for personal injuries. Appellee was a locomotive fireman in the employ .of appellant in Walker, county, Ala., at the time of the injury complained of. The suit was brought under section 1749 of the Code of 1896. There are 30 assignments of error by appellant to the rulings of the court below. In his brief appellant does not insist upon assignments 1, 2, 3 (3a), 4, 6, 7, 8, 9, 10, 11, 12,' 13, 14, 15, 16, 17; and 22. We. therefore, treat those assignments as waived.
The demurrer to first count was properly overruled.. Said count, as to its…
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