Kansas City, Memphis & Birmingham Railroad v. Flippo
Supreme Court of Alabama
Appeal from the Law and Equity Court of Walker. Tried before the Hon. Peyton Norvell. This action was brought by the appellee, George Flippo, against the appellant, the Kansas City, Memphis & Birmingham Railroad Company, to recover damages sustained by the plaintiff while he was in the empoymont of the defendant as a brakeman. The complaint contained six counts.
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Appeal from the Law and Equity Court of Walker. Tried before the Hon. Peyton Norvell. This action was brought by the appellee, George Flippo, against the appellant, the Kansas City, Memphis & Birmingham Railroad Company, to recover damages sustained by the plaintiff while he was in the empoymont of the defendant as a brakeman. The complaint contained six counts. The prefatory averments of each of the counts of the complaint were substantially the same, and averred the fact that the defendant was a common carrier and engaged in such business at the time of the accident, and that the plaintiff…
1Opinion of the CourtDowdell, J.
This is a suit brought by the appellee against the appellant Railroad Company, to recover damages for personal injuries received while in the discharge of his duties as a brakeman, by reason of the alleged negligence of the defendant. The complaint contained six counts, the first four being predicated upon a violation by defendant of an act of Congress, approved March 2d, 1893, known as the Safety Appliance Act, and entitled “An act to promote the safety of employes and travellers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic…
2Cases cited1 opinion
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
3Cited by21 opinions
- Schell v. DuBoisOhio Supreme Court · 1916
- Watts v. Montgomery Traction Co.Supreme Court of Alabama · 1912
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Simpson v. GlennSupreme Court of Alabama · 1956
- Smith v. WoolfSupreme Court of Alabama · 1909
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