Tennessee Coal, Iron & Railroad v. Hayes
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. James-B. Head. Tbis action was brought by Elbert Hayes by bis next friend against tbe Tennessee Coal, Iron & Railroad Company for injuries caused by tbe negligence of defendant in permitting a car wbicli bad been started in motion on a down grade to collide witli one on wbicli plaintiff was working, wliereby be was injured.
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Appeal from Jefferson Circuit Court. Tried before Hon. James-B. Head. Tbis action was brought by Elbert Hayes by bis next friend against tbe Tennessee Coal, Iron & Railroad Company for injuries caused by tbe negligence of defendant in permitting a car wbicli bad been started in motion on a down grade to collide witli one on wbicli plaintiff was working, wliereby be was injured. Tbe complaint contained three counts; tbe first alleging negligence in permitting a car to be started down grade without baying brakes on it; tbe third count alleged that the brake on the car was defective and…
1Opinion of the CourtMcOLELLAN, J.
— It is not pretended or insisted that the father of plaintiff and the person employed to load the car which collided with that on which plaintiff was engaged were not- servants of the defendant company. They were employed to load coke on defendant’s cars and were paid by the number of cars loaded, and their work was done, as -the evidence is without conflict in showing, under the immediate supervision and control throughout of the defendant company acting through a superintendent. These men were not independent contractors representing the will of the defendant only as to the result of their…
2Cases cited8 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Mulcairns v. City of JanesvilleWisconsin Supreme Court · 1886
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
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3Cited by51 opinions
- Dionisio v. Dacanay and Reynaldo C. Dacanay, by His Father and Next Friend v. Saturnina Mendoza, Victor P. Mendoza, and Doe Insurance Co. No. 1Court of Appeals for the Ninth Circuit · 1978
- Maryland Cas. Co. v. TiffinSupreme Court of Alabama · 1988
- Missouri Pacific Railway Co. v. LascaSupreme Court of Kansas · 1909
- Burrell v. JeanIndiana Supreme Court · 1925
- Western Steel Car & Foundry Co. v. CunninghamSupreme Court of Alabama · 1908
46 more not listed; retrieve them via the Exa API.