Louisville & Nashville Railroad v. Bargainier
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Action by W. H. Bargainier against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. The substance of the complaint is sufficiently set out in the opinion.
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Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Action by W. H. Bargainier against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. The substance of the complaint is sufficiently set out in the opinion. The following are the pleas referred to in the opinion: (2) “Further answering said complaint separately and severally each count thereof, this defendant says that the plaintiff himself was guilty of negligence approximately contributing to the injuries complained of in this: That at the time the plaintiff sustained the…
1Opinion of the CourtMayfield, J.
The complaint in this case contains 16 counts. The first and fourteenth are all that need be specially considered on this appeal. The eleventh, twelfth, thirteenth, fifteenth, and sixteenth counts were eliminated by charges or rulings of the court, and such rulings, being in favor of the appellant, cannot be reviewed on this appeal; and, of course, other rulings as to such counts were without injury to appellant.
Counts from 1 to 10, inclusive, were all grounded on subdivision 1 of the employer’s liability act (Code 1907, c. 80). Each declared upon the same defect in the ways, works, or…
2Cases cited12 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Bernhardt v. CurtisSupreme Court of Louisiana · 1902
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- Laughran v. BrewerSupreme Court of Alabama · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Wright v. McCordSupreme Court of Alabama · 1920
- Alabama G. S. R. R. v. FlinnSupreme Court of Alabama · 1917
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Sloss-Sheffield Steel & Iron Co. v. TerrySupreme Court of Alabama · 1914
6 more not listed; retrieve them via the Exa API.