Kansas City, Memphis & Birmingham Railroad v. Burton
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before Hon. H. A. Sharpe. Action by J. W. Burton, by his next friend, against the Kansas City, Memphis & Birmingham Railroad Company to recover damages for j)ersonal injuries caused by defendant’s negligence. The complaint, as amended, contained eight counts. There were many demurrers interposed to the counts, the grounds of which, and the rulings thereon, are sufficiently stated in the opinion.
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Appeal from City Court of Birmingham. Tried before Hon. H. A. Sharpe. Action by J. W. Burton, by his next friend, against the Kansas City, Memphis & Birmingham Railroad Company to recover damages for j)ersonal injuries caused by defendant’s negligence. The complaint, as amended, contained eight counts. There were many demurrers interposed to the counts, the grounds of which, and the rulings thereon, are sufficiently stated in the opinion. On the examination of Ben Freeman, the foreman of the switch-engine when plaintiff was injured, the plaintiff asked said foreman the following question:…
1Opinion of the CourtMcCLELLAN, J.
— In respect of the duty of the defendant, the railroad company, to exercise care and diligence for the protection and safety of the plaintiff Burton, the averments of the several counts of the complaint are that the defendant was a railroad company and engaged at the time and place of the casualty complained of, in the operation of a railroad, that the plaintiff was then in the service of the defendant in the capacity of a switchman, and that while in the active discharge of his duties as such switchman he received the injuries to recover damages for the infliction of which this action is…
2Cases cited14 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Birmingham Railway & Electric Co. v. BaylorSupreme Court of Alabama · 1893
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Huyck v. McNerneySupreme Court of Alabama · 1909
- Louisville & Nashville Railroad v. BouldinSupreme Court of Alabama · 1895
47 more not listed; retrieve them via the Exa API.