Legal Opinion

Postal Telegraph Cable Co. v. Hulsey

Supreme Court of Alabama

Decided November 19, 1901PublishedCited by 24 opinions

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

  1. Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
  2. Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
  3. Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
  4. Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
  5. Thompson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890

6 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
  2. Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
  3. Wagner v. . MittendorfNew York Court of Appeals · 1922
  4. Banning v. Peru-Laclede Syndicate, Inc.Supreme Court of Oklahoma · 1937
  5. O'Quinn v. AlstonSupreme Court of Alabama · 1925

19 more not listed; retrieve them via the Exa API.

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