Postal Telegraph Cable Co. v. Hulsey
Supreme Court of Alabama
Appeal from Birmingham Oitj Court. Tried before Hon. W. W. Wilkerson.- Action by Robert T. Hulsey, against, his employer, Postal Telegraph 'Cable Company, for personal injuries, under subdivision 2 of the Employers’ Liability Act ( Code, § 1749). The opinion states the material facts, as regards the pleading and evidence.
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Appeal from Birmingham Oitj Court. Tried before Hon. W. W. Wilkerson.- Action by Robert T. Hulsey, against, his employer, Postal Telegraph 'Cable Company, for personal injuries, under subdivision 2 of the Employers’ Liability Act ( Code, § 1749). The opinion states the material facts, as regards the pleading and evidence. The charges referred to in the opinion as having been refused to defendant, in addition to the general affirmative charge, are as follows: (1.) “If the jury find from the evidence that Hulsey could have taken a' course free from danger, but took the course most dangerous,…
1Opinion of the CourtHaralson, J.
— 1. This action, for personal injuries, was brought under subdivisions 2 and 3 of section one of the Employer’s Liability Act. — Code, § 1749. On the former1 appeal (115 Ala. 193) it was correctly said, “The complaint, in the first three counts, is upon subdivision two, and, in the fourth and fifth counts, upon subdivision three of the Employer’s Liability Act. The three counts, in the first class, all show by proper aver-ments, that one Frank A. Cobb was, within the meaning of the statute, entrusted with superintendence ,and that the plaintiff’s injury occurred by reason of negligence on…
2Cases cited11 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Thompson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
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- O'Quinn v. AlstonSupreme Court of Alabama · 1925
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