Southern Railway Co. v. Carter
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Carl Carter against the Southern Bailway Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Carl Carter against the Southern Bailway Company. Judgment for plaintiff, and defendant appeals. The fifth count is as follows: “Plaintiff claims of the defendant the sum of,$25,000, for that heretofore, on, to wit, the 23d day of May, 1907, defendant was engaged in the bnsiness of running and operating a railroad in the state of Alabama, and particularly in the counties of Jefferson and Walker in said state; that plaintiff was a resident of Jefferson county, Ala., and was on said date in the employment of defendant…
1Opinion of the CourtSayre, J.
This case went to the jury on count 5 only of the complaint,' the rest having been eliminated without prejudice to the plaintiff in error. Demurrer to that count was properly overruled. — H. A. & B. R. R. Co. v. Miller, 120 Ala. 535, 24 South. 955.
Plaintiff in the court below, who Avas his own sole witness as to the occurrence Avhich resulted in his injury, testified to his case substantially as follows: He was a flagman on a coal train of the defendant which was moving east in the direction of Birmingham. At Warrior Siding the train left the main line to let another train pass. On making the…
2Cases cited3 opinions
- Highland Avenue & Belt Railroad v. MillerSupreme Court of Alabama · 1898
- Mobile Light & Railroad v. BellSupreme Court of Alabama · 1907
- Chicago, Burlington & Quincy Railroad v. CaseyAppellate Court of Illinois · 1882
3Cited by23 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- Alabama Power Co. v. CurrySupreme Court of Alabama · 1934
- Hammett v. Birmingham Ry., Light & Power Co.Supreme Court of Alabama · 1918
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