Highland Avenue & Belt Railroad v. Dusenberry
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by H. F. Dusenberry, as the administrator of the estate of William Johnson, deceased, against the appellant corporation, to recover damages for the alleged negligence which caused the death of the intestate.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by H. F. Dusenberry, as the administrator of the estate of William Johnson, deceased, against the appellant corporation, to recover damages for the alleged negligence which caused the death of the intestate. The evidence on the trial showed that the deceased was iu the employment of the defendant as a section-hand, when he was killed, being one of a gang of seven or eight who were under the control of one Hicks as foreman ; that on the evening of November 16, 1889, during a driving rain, they…
1Opinion of the CourtWalker, J.
— Demurrers to the three counts contained in the original complaint having been sustained, a fourth count was added by amendment. This count avers, in substance, that on the 16th day of November, 1889, the plaintiff’s intestate was an employé of the defendant as a section-hand on its railroad, and as such employé was rightfully on one of the defendant’s hand-cars, and while he was riding on the same, and engaged in the line of his employment, another hand-car was being run and moved over and along said line of road, each of said cars being under the superintendence and control of the foreman…
2Cases cited12 opinions
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Perry v. MarshSupreme Court of Alabama · 1854
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- Illinois Cent. R. Co. v. JohnstonSupreme Court of Alabama · 1920
41 more not listed; retrieve them via the Exa API.