Sanders v. McGhee
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. James A. Bilbro. This action was brought by the appellant, George Sanders, against the appellees, McGhee & Fink, as receivers of the Memphis & Charleston Railroad Company, to recover damages for personal injuries alleged to have been caused by the negligence of the defendant’s employes. The facts of the case are sufficiently stated in the opim ion.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. James A. Bilbro. This action was brought by the appellant, George Sanders, against the appellees, McGhee & Fink, as receivers of the Memphis & Charleston Railroad Company, to recover damages for personal injuries alleged to have been caused by the negligence of the defendant’s employes. The facts of the case are sufficiently stated in the opim ion. Upon the hearing of all the evidence, the court at the request of the defendant gave to the jury the following written charge : “If the jury believe the evidence, they must find a…
1Opinion of the Court
HARALSON, J. —
The first two counts, numbered one and three, charge negligence in the engineer, and the fourth, the negligence of the conductor of the train, as the cause of the injury to the plaintiff. No willfulness or wantonness is averred. The pleas were the general issue, and contributory negligence on the part of the plaintiff.
The evidence on which the case is to be determined is not in conflict. The train moved westward from Stephenson to Scottsboro in Alabama. At the latter point, there is a switch track making off from the main line on the north, and running parallel therewith, west,…
2Cases cited3 opinions
- George v. Mobile & Ohio RailroadSupreme Court of Alabama · 1895
- Davis v. Western RailwaySupreme Court of Alabama · 1894
- Richmond & Danville Railroad v. FreeSupreme Court of Alabama · 1892
3Cited by1 opinion
- Sicard v. GuyllouSupreme Court of Alabama · 1906