Richmond & Danville Railroad v. Bivins
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Treid before the Hon. W. W. Wilkerson. This was an action brought by the appellee, R. R. Bivins, against the Richmond & Danville Railroad Company to recover damages for personal injuries, alleged to have been sustained by the plaintiff, who was an employe of the defendant, through the alleged negligence of said defendant.
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Appeal from the City Court of Birmingham. Treid before the Hon. W. W. Wilkerson. This was an action brought by the appellee, R. R. Bivins, against the Richmond & Danville Railroad Company to recover damages for personal injuries, alleged to have been sustained by the plaintiff, who was an employe of the defendant, through the alleged negligence of said defendant. The circumstances of the accident, resulting in the injury to the plaintiff, as shown by the .bill of exceptions, were substantially as follows : The plaintiff was a brakeman on a freight train which was being operated by the…
1Opinion of the CourtHaralson, J.
1. On January 1, 1889, the defen- ■ dant, the Richmond & Danville Railroad Company, acquired and took exclusive possession and control of the Georgia Pacific Railroad Company, and was operating it by and through its own officers and employes. On the day following, the 2d of January, 1889, the accident happened to the plaintiff, for which he instituted this suit. Prior to January 1, 1889, and since September 5th, 1888, the plaintiff had been in the employment of the Georgia Pacific Railway Company ; and on the. trans*146fer by the latter company of its railroad and appurtenances to the defendant…
2Cases cited8 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Appel v. Buffalo,New York & Philadelphia Railway Co.New York Court of Appeals · 1888
- Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887
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3Cited by12 opinions
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- Hontz v. San Pedro Etc. R. R. Co.California Supreme Court · 1916
- Louisville & Nashville Railroad v. StuttsSupreme Court of Alabama · 1894
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