Southern Ry. Co. v. Bentley
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Jobn B. Bentley by bis next friend against tlie Southern Bailway Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Jobn B. Bentley by bis next friend against tlie Southern Bailway Company. From a judgment for plaintiff, defendant appeals. The complaint was as follows: “Plaintiff, who was under 21 years of age, sues the defendant, the Southern Bailway Company, a corporation, to recover $2,000 as damages for injury received by him on, to wit, the 11th day of September, 1907. Plaintiff avers that on said date the defendant owned and operated a railfoad in and through Decatur, Alabama, and in connection therewith. maintained…
1Opinion of the Court
PER CURIAN.
The plaintiff was a servant of the defendant, and his duties were to unload slag from cars in its yards at Decatur, to roll wheelbarrows, and do various things of that general nature. He had nothing to do with the operation or handling of engines or cars. According to the plaintiff’s testimony, he and a number of fellow servants, similarly employed, were unloading a gondola car in a train consisting of three gondolas and three box cars. Before this work was completed, the switch engine came up, and started with the cars towards the switch, where the box cars were to be cut *363out and…
2Cases cited25 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Kennedy v. ChaseCalifornia Supreme Court · 1898
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Ellsworth v. MetheneyCourt of Appeals for the Sixth Circuit · 1900
20 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pettus v. Dudley Bar Co.Supreme Court of Alabama · 1928
- Brady v. Oregon Lumber Co.Oregon Supreme Court · 1926
- Ingram's Admrx. v. Rutland RailroadSupreme Court of Vermont · 1915
- Evans v. StateAlabama Court of Appeals · 1919
- Going v. Southern Railway Co.Supreme Court of Alabama · 1915
3 more not listed; retrieve them via the Exa API.