Parchman v. Mobile O.R.R. Co.

I disagree with the view set forth in the affirming opinion holding* that the prima-facie statute is not applicable in the case, because “the running of the cars on tracks” which caused the injury was by a pinch bar and man power and not by the dangerous agency of steam at the time the injury was inflicted. I think the -reasoning of my opposing brethren on the meaning of the legislative act is unsound, and does much toward the annulment of a plain statute.

It seems clear to me that the statute is applicable in the case, for the reason that it plainly provides that—

“In all actions against…