Richmond & Danville Railroad v. Weems
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before Hon. W. W. Wilkinson. Action by D. P. Weems against tbe Richmond & Danville Railroad Co., for injuries caused by defendant’s negligence.
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Appeal from City Court of Birmingham. Tried before Hon. W. W. Wilkinson. Action by D. P. Weems against tbe Richmond & Danville Railroad Co., for injuries caused by defendant’s negligence. The complaint contained a single count in wbicb tbe negligence is alleged, first, by reason of a defect in a derrick, part of tbe machinery of defendant; second, by reason of tbe negligence of tbe persons in tbe employ of defendant entrusted with tbe superintendence of tbe derrick; third, by reason of tbe negligence of a person in tbe service of défenclant to whose orders plaintiff was bound to conform and…
1Opinion of the CourtHead, J.
— It is not denied that the ruling of the City Court upon the demurrers to the complaint was offensive to the principle declared by this court in H. A. & B. R. R. Co. v. Dusenberry, 94 Ala. 413, s. c. 10 So. Rep. 274. The com. plaint improperly sets forth, in one count, three of the separate causes of action defined by the Employers’ Liability Act. It is insisted, however, that, upon the whole record, that ruling was error without injury, for the reason that the bill of exceptions contains all the evidence and the rulings and instructions of the court, on the trial before the jury, and there…
2Cases cited7 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Manning v. MaroneySupreme Court of Alabama · 1888
- Hawkins v. HudsonSupreme Court of Alabama · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- Mobile Light & R. R. v. Walsh, C.Supreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1900
- Northern Alabama Railway Co. v. MansellSupreme Court of Alabama · 1903
9 more not listed; retrieve them via the Exa API.