Louisville & Nashville R. R. v. Lowe
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Edmund ’M. Lowe against the Louisville & Nashville Bailroad Company. From a judgment for plaintiff, defendant appeals. The' facts are sufficiently stated in the opinion of the court.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Edmund ’M. Lowe against the Louisville & Nashville Bailroad Company. From a judgment for plaintiff, defendant appeals. The' facts are sufficiently stated in the opinion of the court. The following portion of the court’s oral charge was excepted to: “Now, the plaintiff, though he is guilty of negligence himself, is not necessarily precluded from recovery; because, even if he was guilty of negligence, if the engineer saw him and knew of his perilous position in time to prevent the injury, and failed to do it, still…
1Opinion of the CourtDenson, J.
When a cause of action is based on subdivision 1 of the employer’s liability statute (Code 1896, § 1749; Code 1907, § 3910), in order to make a case of liability against the master, the plaintiff carries the burden of proving to the reasonable satisfaction of the jury, not only the existence of the alleged defect in the condition of the ways, Avorks, machinery, or plant connected Avith or used in the business of the master or employer, and that the defect Avas the proximate cause of the injury alleged, but also that the “defect arose from, or had not been discovered or remedied owing to, the…
2Cases cited16 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
- Birmingham Rolling Mill Co. v. RockholdSupreme Court of Alabama · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Malone Freight Lines, Inc. v. McCardleSupreme Court of Alabama · 1964
- Caldwell-Watson F. & M. Co. v. WatsonSupreme Court of Alabama · 1913
- Standard Cooperage Co. v. DearmanSupreme Court of Alabama · 1920
- Brown & Flowers v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1916
- Newsome v. Louisville N.R. Co.Alabama Court of Appeals · 1924
12 more not listed; retrieve them via the Exa API.