Davis v. Western Railway
Supreme Court of Alabama
Appeal from the Circuit Court of. Montgomery.. Tried before the Hon. John R. Tyson. This action was brought against the appellee, The Western Bail way of Alabama, by the appellant, Francis M. Davis, who was employed by the defendant as a switchman, to recover for damages inflicted upon the plaintiff, by getting his arm mashed, while trying to uncouple a car attached to a moving train on defendant’s road, in obedience to orders from a superior officer, whom he was bound to…
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Appeal from the Circuit Court of. Montgomery.. Tried before the Hon. John R. Tyson. This action was brought against the appellee, The Western Bail way of Alabama, by the appellant, Francis M. Davis, who was employed by the defendant as a switchman, to recover for damages inflicted upon the plaintiff, by getting his arm mashed, while trying to uncouple a car attached to a moving train on defendant’s road, in obedience to orders from a superior officer, whom he was bound to obey. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court…
1Opinion of the CourtHaralson, J.
1. We all know, while it is not necessarily or inevitably a perilous thing, under any circumstances, for a switchman to go in between the cars of a moving train to uncouple them, that generally speaking, it is a habit attended with more or less danger. There was no proof on that subject on the trial of this cause. But, common experience teaches us that there are perils attending such a custom, and the books abound with instances illustrative of it. It is of general notoriety, and we may, therefore, take judicial notice of the fact, that the dangers of such a practice are so well recognized,…
2Cases cited7 opinions
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Alabama G. S. R. R. v. FlinnSupreme Court of Alabama · 1917
- Alabama Great Southern Railroad v. BrooksSupreme Court of Alabama · 1902
- Woodward Iron Co. v. WadeSupreme Court of Alabama · 1915
- Mason v. PostSupreme Court of Virginia · 1906
3 more not listed; retrieve them via the Exa API.