Gainer v. Southern Railway Co.
Supreme Court of Alabama
Action for Damages for Injury to Employe. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by T. W. Gainer against the Southern Ry. Co. for damages done to him while engaged in the duties of the master. There was judgment for defendant, and plaintiff appeals. Affirmed. -Extraordinary risks are not assumed by the servant unless they are comprehended by Mm. — Postal Tel. Co. v. Hulsey, 132 Ala. 444; Osborn v. Ala.
Read the full summary
Action for Damages for Injury to Employe. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by T. W. Gainer against the Southern Ry. Co. for damages done to him while engaged in the duties of the master. There was judgment for defendant, and plaintiff appeals. Affirmed. -Extraordinary risks are not assumed by the servant unless they are comprehended by Mm. — Postal Tel. Co. v. Hulsey, 132 Ala. 444; Osborn v. Ala. S & W. Co., 132 Ala. 571; Lebatt’s Master & Servant, § 270, et seq. The servant may remain in the service of the master a reasonable time after giving…
1Opinion of the CourtDenson, J.
This is an action by an employe against bis employer to recover damages on account of a personal injury suffered while engaged in the discharge of his duties as employe. The complaint contains three counts, based, respectively, on the first, second, and third subdivisions of the employer’s liability statute (Code 1896, § 1749). The cause was tried on the general issue and three special pleas of contributory *188negligence, pleaded to all the counts. At the conclusion of the evidence the general affirmative charge with hypothesis was given at the request of the defendant.
After a careful…
2Cases cited14 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- Birmingham Railway & Electric Co. v. AllenSupreme Court of Alabama · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Southern Cotton Oil Co. v. WalkerSupreme Court of Alabama · 1909
- Dillworth v. Holmes Furn. & Vehicle Co.Alabama Court of Appeals · 1916
- King v. Woodward Iron Co.Supreme Court of Alabama · 1912
- Atlantic Coast Line R. Co. v. KellyAlabama Court of Appeals · 1918
- American Sales Book Co. v. Pope & Co.Alabama Court of Appeals · 1913
11 more not listed; retrieve them via the Exa API.