Louisville & Nashville R. R. v. Binion
Supreme Court of Alabama
Appeal from Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This was an action on the case, brought by the appellee, E. M. Binion, against the appellant, the Louisville & Nashville Railroad Company, to recover damages for personal injuries, alleged to have been inflicted upon the plaintiff, while in the employ of the defendant as a brakeman, by reason of the negligence of the defendant or its employes.
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Appeal from Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This was an action on the case, brought by the appellee, E. M. Binion, against the appellant, the Louisville & Nashville Railroad Company, to recover damages for personal injuries, alleged to have been inflicted upon the plaintiff, while in the employ of the defendant as a brakeman, by reason of the negligence of the defendant or its employes. Most of the facts of the case, as shown on the present appeal, are sufficiently stated in the opinion. Against the objection and exception of the defendant, the plaintiff, as…
1Opinion of the CourtHaralson, J.
1. When this case was here before, —98 Ala, 576, — it was tried on a complaint which alleged, generally, that the plaintiff’s injury was caused by a defect in the ways, works, machinery and brakes connected with' and used on the train, on which the plaintiff was injured, and the special averments of defects were, in substance, that the dog, ratchet chain, rod, or shoes of the brake or brakes on said car, were defective or so worn as to be inoperative and insufficient for the purposes for which they were attached to the car; that the lever attached to the brake-beam was broken or worn, so that…
2Cases cited16 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Burns v. CampbellSupreme Court of Alabama · 1882
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- City of Chicago v. O'BrennanIllinois Supreme Court · 1872
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- Maynard v. Oregon RailroadOregon Supreme Court · 1904
- State v. WymanSupreme Judicial Court of Maine · 1970
- Alabama G. S. R. R. v. FlinnSupreme Court of Alabama · 1917
- Kansas City, Fort Scott & Memphis Railroad v. EaganSupreme Court of Kansas · 1902
12 more not listed; retrieve them via the Exa API.