Langhorne v. Simington
Supreme Court of Alabama
Appeal from Cullman. Circuit Court. Heard before Hon. D. W. Speake. Action by Henry Simington against E. K. Langhorne and others. From a judgment for plaintiff, defendants appeal.
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Appeal from Cullman. Circuit Court. Heard before Hon. D. W. Speake. Action by Henry Simington against E. K. Langhorne and others. From a judgment for plaintiff, defendants appeal. The first count alleges that defendants were engaged in excavating and constructing a railroad track for the Louisville & Nashville Railroad Company, and in that connection were engaged in operating a steam shovel for the purpose of making an excavation, and on the date of the accident plaintiff was in the service or employment of defendant, and, while engaged in and about the discharge of his- duties in the line of…
1Opinion of the CourtSayre, J.
The first and second counts of the amended complaint proceeded on the superintendence clause of the statute. The third count was framed with the unmistakable purpose of stating a case under the common law. It made mention of no co-employee of plaintiff. It alleged that plaintiff’s injury had resulted from the fact that “defendants negligently failed to provide plaintiff with a reasonably safe place for plaintiff to be engaged in or about the said business of defendants.”
For plaintiff the evidence tended to show that defendants, as contractors for the Louisville & Nashville Railroad Company,…
2Cases cited18 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Central Railroad Company v. KeeganSupreme Court of the United States · 1895
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Gentry v. Swann Chemical Co.Supreme Court of Alabama · 1937
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Boyette v. BradleySupreme Court of Alabama · 1924
- Wright v. McCordSupreme Court of Alabama · 1920
21 more not listed; retrieve them via the Exa API.