Mobile & Montgomery Railway Co. v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q,. Smith. The plaintiff, Willis Smith, brought suit in the Circuit Court of Montgomery county against the Mobile and Montgomery Railway Company, to recover damages for an injury sustained while engaged in its service. He was employed as a fireman on an engine attached to a construction train of the defendant.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q,. Smith. The plaintiff, Willis Smith, brought suit in the Circuit Court of Montgomery county against the Mobile and Montgomery Railway Company, to recover damages for an injury sustained while engaged in its service. He was employed as a fireman on an engine attached to a construction train of the defendant. On the second' day of March, 1875, this train was sent from Montgomery, under the charge of one Mitchell, who was the engineer, to Letohatchie, thence to other stations down the road until it arrived at Greenville.…
1Opinion of the Court
MANNING, J.—
This court recognizes the doctrine, that an employee who is injured in the course of his service, has recourse against his employer for damages, when the injury is caused by the fault or negligence of the employer, but not when it is caused by the fault or negligence of another of the employees, a fellow-servant,—unless, the employer be chargeable with blame, for having employed as such fellow-servant, a person incompetent or unfit for the business to which he is assigned — Walker v. Bolling, 22 Ala. 294; Perry v. Marsh, 25 ib. 659. It is also held by this court, that in an action…
2Cases cited2 opinions
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Walker v. BollingSupreme Court of Alabama · 1853
3Cited by25 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Krogg v. Atlanta & West Point RailroadSupreme Court of Georgia · 1888
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
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