Birmingham Mineral Railroad v. Wilmer
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before Hon. James B. Head. Action by Albert E. "Wilmer against tbe Birmingham Mineral Railroad Company for personal injuries. Tbe facts of tbis case and rulings of tbe court upon tbe evidence are sufficiently- shown in tbe opinion.
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Appeal from tbe Circuit Court of Jefferson. Tried before Hon. James B. Head. Action by Albert E. "Wilmer against tbe Birmingham Mineral Railroad Company for personal injuries. Tbe facts of tbis case and rulings of tbe court upon tbe evidence are sufficiently- shown in tbe opinion. Tbe court, after instructing tbe jury that there could be no recovery by plaintiff on account of any fault of defendant in using tbe kind of engine it used on that occasion, instructed tbe jury in its oral charge as follows: “I am requested to charge you on tbis point: An engineer in tbe discharge of bis duty must…
1Opinion of the CourtMoCLELLAN, J.
— This is an action by Wilmer against the Birmingham Mineral B. B. Co. sounding in damages for personal injuries alleged to have been suffered by the plaintiff while discharging his duties as a brakeman on a freight-train of the defendant company through the negligence of the engineer in the management and operation of the locomotive attached thereto. The train having stalled while running on a high trestle up a very considerable grade and brakes having been applied to hold it in place until another start could be made, the engineer signaled for the brakes to be released. Plaintiff had charge…
2Cases cited4 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. WatsonSupreme Court of Alabama · 1890
3Cited by18 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Clark v. HudsonSupreme Court of Alabama · 1956
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- Cooper v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1927
- Southern Railway Co. v. CunninghamSupreme Court of Alabama · 1907
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