Alabama Great Southern Railway Co. v. Choate
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Action by J. C. Choate against the Alabama Great Southern Railway Co., for damages for injury to him while an employee. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Action by J. C. Choate against the Alabama Great Southern Railway Co., for damages for injury to him while an employee. Judgment for plaintiff and defendant appeals. The first count of the complaint is based on a defect in a jack furnished by defendant for raising cars whereby the car under which plaintiff was working was permitted to fall on him, and was under subdivision 1, section 3910, Code 1907. The lower court should have sustained the demurrers interposed to the second count. — A. G. S. R. R. Go. v. Cardwell, 171 Ala.…
1Opinion of the CourtSomerville, J.
— The case was submitted to- the jury only upon the second count of the complaint, which is as follows: “The plaintiff claims of the defendant $10,000 as damages for this: That heretofore, to wit, on the 5th day of January, 1909, the defendant, was engaged in the following business in Jefferson county, Ala., namely, the operation of a railroad, and running thereon engines, trains, and cars, propelled by *639steam, for the transportation of freight and passengers for hire and reward; and the plaintiff was in the service or employment of the defendant in the following capacity, to wit, as a car…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1900
- Northern Alabama Railway Co. v. KeySupreme Court of Alabama · 1907
- Collier v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1908
- Stodenmeyer v. HartSupreme Court of Alabama · 1908
3Cited by4 opinions
- Alabama Great Southern Ry. Co. v. TaylorSupreme Court of Alabama · 1916
- Flint City Nursing Home, Inc. v. DepreastSupreme Court of Alabama · 1981
- United States C. I. P. & F. Co. v. McCoySupreme Court of Alabama · 1916
- Sloss-Sheffield Steel & Iron Co. v. HarrisonSupreme Court of Alabama · 1917