Andrews v. Birmingham Mineral Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellant against the appellee corporation; and sought to recover damages for personal injuries, alleged to have been received by reason of the defendant’s negligence in not keeping its road-way in proper repair. Judgment for defendant.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellant against the appellee corporation; and sought to recover damages for personal injuries, alleged to have been received by reason of the defendant’s negligence in not keeping its road-way in proper repair. Judgment for defendant. Plaintiff appeals ; and assigns as error the rulings upon the evidence, and giving of the general affirmative charge for the defendant. cited Union Railway Go. v. Alexander, 93 Ala. 133; 9 So. Rep. 526; Railroad Go. v. Orr, 94 Ala. 602; 8 So. Rep.…
1Opinion of the CourtHead, J.
Appellant was a brakeman in the service of appellee. As the locomotive drawing one of appellee’s trains approached a switch on the main line in the company’s North Birmingham yard, he was standing on the foot braces on the pilot of' the locomotive, which were twelve or fifteen inches long and were intended for brakemen to stand on when switching. It was ten o’clock at night. When about forty feet from the switch appellant says he saw it was thrown wrong for the train, and was ready to jump, when the engineer called, “Andrews, look out for that switch.” He then jumped on the track in front of…
2Cases cited3 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
3Cited by10 opinions
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- McDonald v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
- Dannelley v. StateSupreme Court of Alabama · 1900
- George v. Mobile & Ohio RailroadSupreme Court of Alabama · 1895
- Alabama Great Southern Railroad v. RoachSupreme Court of Alabama · 1895
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