Wilson v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from tbe Circuit Court of Elmore. Tried before tbe Hon. John Moore. Tbe charge of tbe court decided, as matter of law, tbat tbe injury to tbe plaintiff was not caused by any “defect in tbe ways, works, maebinery or plant” of tbe defendant’s road; or, if any such defect existed, tbat tbe defendant was not chargeable with knowledge or notice thereof; or, that the plaintiff was guilty of contributory negligence.
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Appeal from tbe Circuit Court of Elmore. Tried before tbe Hon. John Moore. Tbe charge of tbe court decided, as matter of law, tbat tbe injury to tbe plaintiff was not caused by any “defect in tbe ways, works, maebinery or plant” of tbe defendant’s road; or, if any such defect existed, tbat tbe defendant was not chargeable with knowledge or notice thereof; or, that the plaintiff was guilty of contributory negligence. As to each of these facts, the appellant contends that the charge is opposed to the evidence; that the defendant is liable on common-law principles, and clearly under statutory…
1Opinion of the Court
OLOPTON, J
—Plaintiff sued to recover damages for injuries suffered, while engaged in the service of defendant as a brakeman on a freight train, from having been struck by the supply-pipe of a water-tank, while be was descending from the top of a caboose, by means of an iron laddér attached to the side thereof. The gravamen of the action is, that the defendant knowingly and negligently constructed the water-tank so as not to leave sufficient room between the pipe and the train for the body of a person to pass, which rendered it dangerous to employees in the discharge of duty, while trains were…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
3Cited by27 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Mobile O. R. Co. v. WilliamsSupreme Court of Alabama · 1929
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
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