Kansas City, Memphis & Birmingham Railroad v. Crocker
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. ShaRPE. This action was brought by Samuel C. Crocker, a minor, suing by his next friend, against the appellant railroad company, to recover damages for personal injuries sustained by plaintiff while in defendant’s service, and which were alleged to have been caused by the negligence of the foreman under whom he was working as a section-hand.
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Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. ShaRPE. This action was brought by Samuel C. Crocker, a minor, suing by his next friend, against the appellant railroad company, to recover damages for personal injuries sustained by plaintiff while in defendant’s service, and which were alleged to have been caused by the negligence of the foreman under whom he was working as a section-hand. The injuries were received on the 7th January, 1890, and resulted in the amputation of one of the plaintiff’s legs. The action was commenced on the 24th May, 1890. The complaint…
1Opinion of the Court
’WALKEE, J.
No demurrer was interposed to the complaint. The defendant moved to arrest judgment on the verdict rendered by the jury. This motion was predicated upon the ground that the complaint did not show any cause *421of action, and would not support tbe judgment. Tbe motion was properly overruled, if tbe complaint contained a substantial cause of action. — Code of 1886, § 2835. In support of tbe motion it is urged, tbat tbe complaint does not allege a cause of action against tbe defendant as tbe employer of tbe plaintiff, unless tbe averments thereof sbow tbat tbe injury complained of was…
2Cases cited9 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Evansville & Terre Haute Railroad v. CristIndiana Supreme Court · 1889
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
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3Cited by72 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Chicago, Rock Island & Pacific Railway Co. v. HamlerIllinois Supreme Court · 1905
67 more not listed; retrieve them via the Exa API.