Legal Opinion

Southern Railway v. Guyton

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 32 opinions

Appeal from tlie City Court of Birmingham. Tried before the Hon. W. W. Wilkebson. This action was brought by the appellee, Charles H. Huy ton, against the Southern Bailway Company, to recover damages for personal injuries to the plaintiff, alleged to have been caused by reason of the negligence of the defendant. The complaint contained five counts.

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Appeal from tlie City Court of Birmingham. Tried before the Hon. W. W. Wilkebson. This action was brought by the appellee, Charles H. Huy ton, against the Southern Bailway Company, to recover damages for personal injuries to the plaintiff, alleged to have been caused by reason of the negligence of the defendant. The complaint contained five counts. The first count, after alleging that the defendant ivas a railroad company operating a railroad, and that the plaintiff was in the employ of the defendant in the capacity of a section hand and Aims so engaged at tlie time of the accident, then…

1Opinion of the CourtSharpe, J.

— This action Avas brought by appellee under the statute knoAvn as the employers’ act, to recover for injuries sustained by him while engaged in operating a hand-car, AAdiich. injuries are alleged to haATe resulted from negligence imputable to the appellant by Avhom he was employed.

The complaint contains five counts which vary only in respect to the kind of negligence averred as having caused the injury. A demurrer was interposed to each of *239the second, third and fifth count, and those to the second and third counts, respectively, were'overruled, and that to the fifth count was sustained. The…

2Cases cited8 opinions

  1. Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
  2. Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
  3. Eureka Co. v. BassSupreme Court of Alabama · 1886
  4. Russell v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
  5. Mary Lee Coal & Railway Co. v. ChamblissSupreme Court of Alabama · 1892

3 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Gossett v. Twin County Cable TV, Inc.Supreme Court of Alabama · 1992
  2. Republic Iron & Steel Co. v. QuintonSupreme Court of Alabama · 1915
  3. Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
  4. Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
  5. Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1900

27 more not listed; retrieve them via the Exa API.

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