St. Louis & San Francisco R. R. v. Brantley
Supreme Court of Alabama
Appeal from. Jefferson Circuit Court. Heard before Hou. A. O. Lane. Action by Joseph Brantley against the St. Louis & San Francisco Railroad, for damages for injuries received while engaged in the service of the master. Judgment for plaintiff and defendant appeals. The substance of the complaint sufficiently appears from the opinion.
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Appeal from. Jefferson Circuit Court. Heard before Hou. A. O. Lane. Action by Joseph Brantley against the St. Louis & San Francisco Railroad, for damages for injuries received while engaged in the service of the master. Judgment for plaintiff and defendant appeals. The substance of the complaint sufficiently appears from the opinion. The following are the pleas referred to in the opinion: 5. For further plea and answer to the complaint and to each count thereof separately and severally, defendant says that plaintiff was himself guilty of negligence which proximately contributed to his said…
1Opinion of the CourtSayre, J.
Count 1 of the complaint is not so blindly general in its allegation of negligence as the argument for appellant would indicate. A fair reading of it shows a charge that defendant’s superintendent, Dorman, while in the exercise of superintendence, and while plaintiff was engaged in helping to unload a heavy piece of machinery from a car over skids or long pieces of timber, negligently caused or allowed one of said skids or pieces of timber to break, thus causing the piece of machinery to fall upon plaintiff to his injury. The averment of superintendence intrusted to Dorman implied his duty to…
2Cases cited9 opinions
- Louisville, New Albany & Chicago Railway Co. v. ThompsonIndiana Supreme Court · 1886
- Toledo, Wabash & Western Railway Co. v. BeggsIllinois Supreme Court · 1877
- Lupher v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
- Norfolk & Western Railway Co. v. Bondurant's AdministratorSupreme Court of Virginia · 1907
- Alabama Great Southern R. R. v. YarbroughSupreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Still v. Norfolk & Western Railway Co.Supreme Court of the United States · 1961
- Huffman v. Southern UnderwritersTexas Supreme Court · 1939
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- City of Montgomery v. WycheSupreme Court of Alabama · 1910
25 more not listed; retrieve them via the Exa API.