United States Cast Iron & Foundry Co. v. Marler
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; John C. Pugh, Judge. Action by L. A. Marler against the United States Cast Iron & Foundry Company for damages foivpersonal injuries.
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Appeal from Circuit Court, Jefferson County ; John C. Pugh, Judge. Action by L. A. Marler against the United States Cast Iron & Foundry Company for damages foivpersonal injuries. The defendant was entitled to the affirmative charge, as no negligence on the part of any person in control of an engine or car upon the railway was shown. 172 Ala. 505: subdivision 5, § 3910, Code 1907. A person who would disaffirm a fraudulent release must return whatever he has received under it; without this no recovery can be had. B. R. L. & P. Co. v. Jordon, 170 Ala. 536, 54 South. 280; Rabitte v: Ala., etc.,…
1Opinion of the CourtBricken, P. J.
This was a suit for damages, brought by an employé against his employer under subdivision 5 of section 3910 of the Code 1907. Plaintiff was injured, it was alleged, as the result of the. negligence of one W. S. Brown, who on behalf of defendant was in charge and control of an engine and ear upon a railroad track. The pleadings were in short by consent. The defenses interposed were contributory negligence, release, accord, and satisfaction.'
It appears from the testimony that plaintiff was a mechanic’s helper, and was assisting one Kiker, whose duty it was to repair breakdowns wherever they…
2Cases cited13 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Illinois Cent. R. Co. v. JohnstonSupreme Court of Alabama · 1920
- Dill v. CampSupreme Court of Alabama · 1853
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3Cited by5 opinions
- Ledbetter v. Frosty Morn MeatsSupreme Court of Alabama · 1963
- Alabama Co. v. BrownSupreme Court of Alabama · 1921
- United States Cast Iron Pipe & Foundry Co. v. MarlerSupreme Court of Alabama · 1920
- Ex Parte MarlerSupreme Court of Alabama · 1920
- Payne v. ColemanAlabama Court of Appeals · 1922