Ala. West. R. R. v. Bush
Supreme Court of Alabama
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Assumpsit by Sam M. Bush against the Alabama Western Railroad Company. From a judgment for plaintiff, defendant appeals. The action was on the common counts for work and labor done by plaintiff for defendant in the years 1906-07 at its request.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Assumpsit by Sam M. Bush against the Alabama Western Railroad Company. From a judgment for plaintiff, defendant appeals. The action was on the common counts for work and labor done by plaintiff for defendant in the years 1906-07 at its request. Plaintiff did a large amount of construction work on defendant’s railroad track between stations 420 and 444, designated as the “Branch creek work,” also between stations 1798 and 1904, designated as the “Red Bay work.” At the time plaintiff did this work, defendant had contracts with…
1Opinion of the CourtSomerville, J.
In all of its material and decisive aspects this case cannot he distinguished from the case of Alexander v. Ala. Western R. R. Co., 179 Ala. 480, 60 South. 295, recently decided by this court. The principles of law which must here control were there fully discussed and clearly stated. Their application to the facts of this case are fatal to plaintiff’s right of recovery, and the trial court should have given for defendant the general affirmative charge as requested.
It cannot be assumed that civil engineers who are supervising the construction of a railroad track are authorized to make…
2Cases cited6 opinions
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Trentor v. PothenSupreme Court of Minnesota · 1891
- Alexander v. Ala. Wes. R. R.Supreme Court of Alabama · 1912
- Patterson v. NealSupreme Court of Alabama · 1902
- McFarland v. DawsonSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sullivan v. Alabama Power Co.Supreme Court of Alabama · 1944
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- Wiggins v. Stewart Bros.Supreme Court of Alabama · 1926
- Redd and Hill v. L & a Contracting Co.Mississippi Supreme Court · 1963
- Florence v. CarrSupreme Court of Alabama · 1933
7 more not listed; retrieve them via the Exa API.