Woodward Iron Co. v. Herndon
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was brought by the appellee, Thomas H. Herndon, as the administrator of the estate of J: V. Neal, deceased, against the appellant, the Woodward Iron Company ; and sought to recover damages for the alleged negligent killing of the plaintiff’s intestate by the defendant.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was brought by the appellee, Thomas H. Herndon, as the administrator of the estate of J: V. Neal, deceased, against the appellant, the Woodward Iron Company ; and sought to recover damages for the alleged negligent killing of the plaintiff’s intestate by the defendant. The complaint consisted originally of twenty-two counts, to which counts Nos. 23, 24 and 25 were added by amendment. , But on the final trial of the cause, at the request of the defendant, the court gave the general charge in favor of…
1Opinion of the Court
McCLELLAN, J. —
An engineer, who is in the employment of a railway company and in charge and control of an engine, which he is at the time running over a track of the company, is prima facie in the discharge of his duties as engineer under such employment.
Moreover, counts 23, 24, and 25 of the complaint pursue the language of the statute in the respect under consideration : Liability is by the act made to rest upon the employer for an injury resulting from the negligence “of any person in the service or employment of the master or employer, who has charge or control of any signal points,…
2Cases cited5 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- McNamara v. LoganSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. BouldinSupreme Court of Alabama · 1895
- George v. Mobile & Ohio RailroadSupreme Court of Alabama · 1895
- Southern Railway Co. v. CunninghamSupreme Court of Alabama · 1895
3Cited by19 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Conway v. RobinsonSupreme Court of Alabama · 1927
- Louisville & Nashville R. R. v. LileSupreme Court of Alabama · 1908
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Bessemer Land & Improvement Co. v. CampbellSupreme Court of Alabama · 1898
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