Broslin v. Kansas City, Memphis & Birmingham Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This suit was brought by the appellant, Thomas H. Broslin, against the appellee, the Kansas City, Memphis & Birmingham Railroad Company; and sought to recover damages for personal injuries.
Read the full summary
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This suit was brought by the appellant, Thomas H. Broslin, against the appellee, the Kansas City, Memphis & Birmingham Railroad Company; and sought to recover damages for personal injuries. The complaint as originally filed contained three counts ; but the complaint was afterwards amended by filing additional counts numbered 4, 5, 6 and 7. The first count of the complaint alleges that the defendant, the Kansas City, Memphis & Birmingham Railroad Company, a body corporate on June 14, 1894, operated a railroad…
1Opinion of the Court
HEAD, J. —
This is an action for personal injuries. It is very clear the first count of the complaint shows no such relation between the plaintiff and defendant as imposed liability upon the defendant for the injury complained of. The plaintiff was in the employ of the Turner Coal Co., who was engaged in getting and shipping coal on the line of the defendant’s road. There was at Palos, where the Coal Company did business, a side or spur track'against which was the Coal Company’s “tipple,” used for loading coal into the cars. The defendant would put cars on this side track near the “tipple” to…
2Cited by8 opinions
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Thompson v. N. C. & St. L. RailwaySupreme Court of Alabama · 1909
- Louisville & Nashville R. R. v. WilsonSupreme Court of Alabama · 1909
- Southern Ry. Co. v. BentleyAlabama Court of Appeals · 1911
- Holmes v. Birmingham Southern R. R.Supreme Court of Alabama · 1903
3 more not listed; retrieve them via the Exa API.