Birmingham Railway & Electric Co. v. Baylor
Supreme Court of Alabama
Appeal from the Birmingham City Court. Tried before the Hon. W.W. Wilicekson. This was an action brought by the appellee, through his next friend, against the appellant corporation ; and sought to recover for personal injuries alleged to have been caused by the negligence of the defendant.
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Appeal from the Birmingham City Court. Tried before the Hon. W.W. Wilicekson. This was an action brought by the appellee, through his next friend, against the appellant corporation ; and sought to recover for personal injuries alleged to have been caused by the negligence of the defendant. On the examination of J. J. Kennedy, as a witness for the plaintiff, he testified that he was a locomotive engineer and had been about fourteen years; that the plaintiff was injured while running as fireman on the same dummy on which he was engineer. After testifying as to the accident which resulted in the…
1Opinion of the CourtColeman, J.
The plaintiff Baylor, a minor, sues by his next friend under the Employer’s Liability Act, section 2590 of the Code, to recover damages for injuries sustained while in the employment of defendant as fireman. As the case must be reversed for causes hereafter considered, we deem it proper to consider the sufficiency of the complaint, lest our failure to do so, be construed as an admission that the complaint is free from error. It is proper to add, in justice to the trial court, that the defendant did not demur to the complaint, and trial was had upon the general issue. It is necessary to…
2Cases cited5 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Birmingham Mineral Railroad v. JacobsSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- Birmingham Railway & Electric Co. v. AllenSupreme Court of Alabama · 1892
3Cited by28 opinions
- Johnson Publishing Co. v. DavisSupreme Court of Alabama · 1960
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Boriss v. EdwardsSupreme Court of Alabama · 1954
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