Columbus & Western Railway Co. v. Bradford
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. James W. Lapsley. This action was brought by Henry T. Bradford, as the administrator of the estate of John A. Bradford, deceased, against the appellant, a domestic corporation, to recover •damages for the alleged wrongful and negligent act which caused the intestate’s death.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. James W. Lapsley. This action was brought by Henry T. Bradford, as the administrator of the estate of John A. Bradford, deceased, against the appellant, a domestic corporation, to recover •damages for the alleged wrongful and negligent act which caused the intestate’s death. The intestate was in the employment of the defendant at the time of the accident which caused his death, under the circumstances stated in the opinion of the court. The accident occurred on the 30th August, 1886, and this action was brought on the 7th…
1Opinion of the CourtMcCLELLAN, J.
The liability of a master or employer for injuries to an employee, at common law, was limited to those cases in which the damages claimed resulted from the negligence of the master or employer himself, or some employee higher in authority in the common service than the plaintiff, as distinguished from the negligence of fellow employees, bearing the same or inferior relations to the master as those borne by the party injured. To an action for injuries sustained through the fault of the employer or superior employee, it was a good defense, that the complaining employee had, by failing to…
2Cases cited14 opinions
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Central Railroad v. MitchellSupreme Court of Georgia · 1879
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Thompson v. DuncanSupreme Court of Alabama · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Birmingham Railway & Electric Co. v. AllenSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
20 more not listed; retrieve them via the Exa API.