Chamberlain v. Southern Ry. Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Bart • B. Chamberlain, administrator, against the Southern Railway Company, for the death of his; intestate. Prom a judgment for defendant, plaintiff appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Bart • B. Chamberlain, administrator, against the Southern Railway Company, for the death of his; intestate. Prom a judgment for defendant, plaintiff appeals. The complaint contains several counts, all of which were eliminated by demurrer, except the second count, which, as last amended, is as follows: “Plaintiff claims of defendant $5,000 damages, for that on the 13th day of October, 1906, the defendant was then and there a public common carrier, and operating a railroad in the city of Mobile, which ran to…
1Opinion of the CourtAnderson, J.
Under the common law the master is responsible for his own negligence and want of care and this may appear from his failure to furnish proper machinery and materials for the Avork, or from the employment of incompetent servants, or from a failure to make proper rules or establish a proper method for the conduct of his business. As to such acts the agent occupies the master’s place, and the latter is deemed present and liable for the manner in which they are performed. —Ford v. Lake Shore R. R., 124 N. Y. 493, 26 N. E. 1101, 12 L. R. A. 454. “It is the duty of a railroad company to use…
2Cases cited7 opinions
- McCray v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1896
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
- Ford v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Western Steel Car & Foundry Co. v. CunninghamSupreme Court of Alabama · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Fireman's Fund Am. Ins. Co. v. ColemanSupreme Court of Alabama · 1981
- Gossett v. Twin County Cable TV, Inc.Supreme Court of Alabama · 1992
- Mallory S. S. Co. v. DruhanAlabama Court of Appeals · 1920
- Williams v. Anniston Electric & Gas Co.Supreme Court of Alabama · 1909
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
15 more not listed; retrieve them via the Exa API.