Southern Railway Co. v. Howell
Supreme Court of Alabama
Appeal from the. 'City Court of Birmingham. Tried before the Hon. Chas. A. Sean. Action by W. H. Howell, a brakeman, against the Southern Railway Company, to recover damages for personal injuries sustained by him. The opinion states the material facts relating to the admission and exclusion of evidence.
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Appeal from the. 'City Court of Birmingham. Tried before the Hon. Chas. A. Sean. Action by W. H. Howell, a brakeman, against the Southern Railway Company, to recover damages for personal injuries sustained by him. The opinion states the material facts relating to the admission and exclusion of evidence. The following special written charges were requested by the defendant and separately refused by the court, viz.: (1.) ‘Tf the jury believe all the evidence in this case, they must find a verdict for the defendant.” (3.) ‘Tf the jury believe all the evidence in this case, they must, a verdict…
1Opinion of the Court
SHARPE, -T.
This action is brought under the Employer’s Liability Act ('Code, § 1749), to recoA'-er for injuries receded by plaintiff, who Avas a- brakeman on defendant’s train, by the derailment of a coal car Avhich, with other coal cars, was being pushed by ah engine to-Aiards a coal tipple, and along an unfinished track leading from the main line to the tipple. At the time of the accident. plaintiff Avas assigned to the duty of giving signals from the front of the train to the engineer, and in performing that service he sat on the front of the end car Avith his legs outside the car’s bed.…
2Cases cited10 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- Birmingham Railway & Electric Co. v. BaylorSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
- Little Cahaba Coal Co. v. GilbertSupreme Court of Alabama · 1912
- South Brilliant Coal Co. v. McCollumSupreme Court of Alabama · 1917
6 more not listed; retrieve them via the Exa API.