Alabama Great Southern Ry. Co. v. Skotzy
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by A. K. Skotszy against the Alabama Great Southern Railway Company. From a judgment for plaintiff, defendant appeals. The facts are sufficiently stated in the opinion.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by A. K. Skotszy against the Alabama Great Southern Railway Company. From a judgment for plaintiff, defendant appeals. The facts are sufficiently stated in the opinion. The following are the charges referred to: (5) Unless you are reasonably satisfied from-all-the evidence in this case that it was the duty of the crew of éngine No¡ 114 to give notice of the fact that they proposed or intended or were about to kick-a car or-cars on the track on; which plaintiff was standing, then you must find a verdict for defendant.…
1Opinion of the Court
GARDNER, J.(1) Appellee recovered á judgment against appellant for injuries received while in its employ as fireman on one of its engines in the yards of said railroad in Birmingham. The complaint contained but one count,- declaring for simple negligence, and was under the federal Employers’ Liability Act. _ The cause proceeded to. trial upon the .plea of the general issue and the plea of contributory negligence. Much stress is laid in argument for appellant Upon the question of assumption of risk, and authorities of other jurisdictions are cited to the effect that such a defense' need not be…
2Cases cited14 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Mobile O. R. Co. v. WilliamsSupreme Court of Alabama · 1929
- Southern Railway Co. v. WessingerCourt of Appeals of Georgia · 1924
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1916
- Weireter v. Great Northern Railway Co.Supreme Court of Minnesota · 1920
6 more not listed; retrieve them via the Exa API.