Kilby Frog & Switch Co. v. Jackson
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon'. A. O. Lane. Action by Thomas S. Jackson against the Kilby Frog & Switch Company, for damages for injuries sustained while in its employment. -Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon'. A. O. Lane. Action by Thomas S. Jackson against the Kilby Frog & Switch Company, for damages for injuries sustained while in its employment. -Judgment for plaintiff and defendant appeals. The plaintiff testified that he knew of the danger but forgot about it, and under such circumstances, heedlessness or thoughtlessness is the very essence of negligence. — Wood v. Richmond cG D. R. Go., 100 Ala. ’660; R. R. Go. v. Hall, 87 Ala. 719; George v. R. R. Go., 109 Ala. 256; Goosa Mfg. Go. v..Williams, 133 Ala. 611; Bear Greek M. Go. v. Parker,…
1Opinion of the CourtSimpson, J.
This is an action by the appellee, as an employee, for injuries received by having his leg caught between certain parts of a planing machine while he was operating the same. The case was tried on counts 4, 6, 7, 8, and 9.
The plaintiff’s leg was , caught between what is called the “knocker” or “dog”.of the machine, and the shifting-lever. Count 4 claims on account of the negligence of the defendant in not exercising “reasonable care and skill to furnish plaintiff with a reasonably safe machine or appliance with which to do his work.” Count 6 alleges the failure of defendant to furnish a…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Wood v. Richmond & Danville RailroadSupreme Court of Alabama · 1892
3Cited by4 opinions
- City of Birmingham v. EdwardsSupreme Court of Alabama · 1918
- Dorough v. Alabama Power Co.Supreme Court of Alabama · 1917
- Sloss-Sheffield Steel & Iron Co. v. ReidSupreme Court of Alabama · 1915
- Roberts v. Tennessee Coal, Iron & R.Court of Appeals for the Fifth Circuit · 1918