Smoot v. Mobile & Montgomery Railway Co.
Supreme Court of Alabama
Action by Employee against Bailway Company for Damages for Personal injury, Appeal from tbe City Court of Mobile. Tried before Hon. O’. J. Semmes. This was an action brought bjr the apppellee against the appellant, to recover damages for personal injuries sustained by him while acting as “ brakesman,” on the appellant’s road.
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Action by Employee against Bailway Company for Damages for Personal injury, Appeal from tbe City Court of Mobile. Tried before Hon. O’. J. Semmes. This was an action brought bjr the apppellee against the appellant, to recover damages for personal injuries sustained by him while acting as “ brakesman,” on the appellant’s road. Ón tbe trial it appeared that on tbe 14th of October, 1876, plaintiff was employed as a “ brakesman ” on a train of freight cars going to Mobile, from Montgomery, over tbe defendant’s railroad. When the train reached Greenville, seven loaded cars were attached to the…
1Opinion of the CourtBrickell, C. J.
— The instruction to the jury, given at the request of the appellee, to which an exception was reserved, is loosely worded, and confused. Interpreting it as we suppose it was intended the jury should interpret it, we understand it as affirming that, though the injuries of which the appellee complains were the result of the negligence of his fellow-servants, yet the appellant is liable in damages for such injuries, if it did not exercise due care and diligence to know the condition of the car, from the defects, or rather the impaired condition of which the injuries proceeded. We do not propose…
2Cases cited8 opinions
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Noyes v. SmithSupreme Court of Vermont · 1855
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
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3Cited by40 opinions
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- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
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