Alabama Great Southern R. R. v. Yarbrough
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharp. This action was brought by Nat. L. Yarbrough against the appellant, a domestic corporation, to recover damages for personal injuries sustained by plaintiff, from the alleged negligent acts of the defendant’s agents and servants, whereby plaintiff was struck by the revolving lever and bucket of a steam shovel, and knocked from the train on which he was standing, breaking’his arm, andinflicting other…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharp. This action was brought by Nat. L. Yarbrough against the appellant, a domestic corporation, to recover damages for personal injuries sustained by plaintiff, from the alleged negligent acts of the defendant’s agents and servants, whereby plaintiff was struck by the revolving lever and bucket of a steam shovel, and knocked from the train on which he was standing, breaking’his arm, andinflicting other injuries. The action was commenced on the 10th May, 1886. The defendant pleaded not guilty, and contributory negligence;…
1Opinion of the CourtClopton, J.
— It was specially pleaded, that plaintiff contributed to his own injury, in this, as is claimed, that he was wrongfully on the car of the defendant while it was being loaded with slag. To disprove this, the plaintiff was permitted to testify, that the conductor had previously informed him that he could stand on the car and pick the scrap-iron out of the slag, while it was being loaded. It is contended, that the evidence is illegal, by reason of the conductor’s want of authority to grant such permission. The conductor was an agent of the defendant corporation, having the control and…
2Cases cited4 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
3Cited by20 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Florida Railway & Navigation Co. v. WebsterSupreme Court of Florida · 1889
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- St. Louis & San Francisco R. R. v. BrantleySupreme Court of Alabama · 1910
- St. Louis S. F. R. Co. v. NicholsSupreme Court of Oklahoma · 1913
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