Louisville & Nashville R. R. v. Binion
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before tbe Hon. John P. HubbaRD. Upon tbe trial of tbis case, tbe facts of wliicb are fully set out in tbe opinion, and after all tbe evidence was before tbe jury, tbe defendant asked, first, for tbe general charge, wliicb was refused, and tbe defendant excepted.
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Appeal from Montgomery Circuit Court. Tried before tbe Hon. John P. HubbaRD. Upon tbe trial of tbis case, tbe facts of wliicb are fully set out in tbe opinion, and after all tbe evidence was before tbe jury, tbe defendant asked, first, for tbe general charge, wliicb was refused, and tbe defendant excepted. Tbe defendant tben asked, among others, tbe following charges, which were in writing : 2. “If tbe jury believe tbe evidence of tbe plaintiff, Binion, they must find for the defendant.” 3. “If tbe jury believe from tbe evidence that when defendant’s engine called for brakes, that Binion, the…
1Opinion of the CourtStone, C. J.
Binion, plaintiff in this suit, was brakeman on a freight train of the appellant railroad company. While in the discharge of his duties as brakeman he fell from the top of one of the box cars, and was so injured that he lost his arm. The present suit was instituted under the employers’ act — Code of 1886, § 2590 — and seeks to recover damages for the injury suffered. The complaint consists of a single count, with amendments. It charges that the injury was caused “by reason of a defect or defects in the ways, works, machinery and brakes connected with, or used in the business of said…
2Cases cited8 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
- Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887
- McWilliams v. PhillipsSupreme Court of Alabama · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- East Tennessee & Western North Carolina Railroad v. LindamoodTennessee Supreme Court · 1903
- Harris v. Nashville C. & St. Louis R. R.Supreme Court of Alabama · 1907
- O'Connor v. Chicago, Rock Island, & Pacific Railway Co.Supreme Court of Iowa · 1906
- Louisville & Nashville R. R. v. LoweSupreme Court of Alabama · 1908
- Alabama Great Southern Ry. v. BrockSupreme Court of Alabama · 1909
5 more not listed; retrieve them via the Exa API.