Louisville & Nashville Railroad v. Thornton
Supreme Court of Alabama
Appeal from the City Court of' Birmingham. Tried before the Hon. W. W. Wilkerson. This was a suit brought by the appellee, Alexander W. Thornton, against the Louisville & Nashville Railroad Company, to recover damages for personal injuries received by the plaintiff while in the service of the defendant as a switchman in its yards at Birmingham ; both of the plaintiff’s legs being cut off.
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Appeal from the City Court of' Birmingham. Tried before the Hon. W. W. Wilkerson. This was a suit brought by the appellee, Alexander W. Thornton, against the Louisville & Nashville Railroad Company, to recover damages for personal injuries received by the plaintiff while in the service of the defendant as a switchman in its yards at Birmingham ; both of the plaintiff’s legs being cut off. The complaint as originally filed contained twelve counts, but under the charge of the judge they were all eliminated except the 10th and 11th. The 10th count, after reciting that the plaintiff, while in the…
1Opinion of the CourtHaralson, J.
1. The case was tried on counts Nos. 10 and 11 oí the complaint. They present practically the same question as raised on the trial and here discussed — whether the switchman in charge of the car that injured plaintiff was guilty of any negligence in not keeping a proper and sufficient lookout, and in not stopping the car in time to avert the injury. The defendant taking issue on these counts, pleaded specially to them the contributory negligence of the plaintiff.
2. Charges numbered 8 and 10 asked by defendant were properly refused. This brakeman was, for the time, so to speak, the engineer of…
2Cases cited9 opinions
- Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
- Lake Shore & Michigan Southern Railway Co. v. WardIllinois Supreme Court · 1891
- Helton v. Alabama Midland RailroadSupreme Court of Alabama · 1892
- Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Birmingham Stove & Range Co. v. VanderfordSupreme Court of Alabama · 1928
- Pittman v. CalhounSupreme Court of Alabama · 1935
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1916
11 more not listed; retrieve them via the Exa API.