Adams v. Crimm
Supreme Court of Alabama
Appeal from. Shelby County Court. Heard before Hon. E. S. Lyman. Action by A. J. Crim against J. B. Adams, doing business as tbe Longview Lime Works, for damages for personal injury. From a judgment for plaintiff, defendant , appeals. Tbe complaint charged that the plaintiff was in the employment of the defendant, and was riding upon a certain dinkey, or engine, in the discharge of his duty, when the engine became derailed, proximately causing the injury complained of.
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Appeal from. Shelby County Court. Heard before Hon. E. S. Lyman. Action by A. J. Crim against J. B. Adams, doing business as tbe Longview Lime Works, for damages for personal injury. From a judgment for plaintiff, defendant , appeals. Tbe complaint charged that the plaintiff was in the employment of the defendant, and was riding upon a certain dinkey, or engine, in the discharge of his duty, when the engine became derailed, proximately causing the injury complained of. The negligence is alleged to be a defect in the ways, works, 'etc., in that the track -was defective and unsafe. The…
1Opinion of the CourtAnderson, J.
The .plaintiff; sought a recovery upon the theory that the “dinkey engine” upon which he was riding was derailed and injured him, and that the derailment was due to a defect in the track upon which said engine was running; the defendant’s theory being that the derailment of said engine was not due to a defect in the track, but to the manner in which the engine was being operated, or some cause other than a defective track. There Avas therefore a conflict in the evidence as to Avhether or not the track Avas out of repair at or near the point of derailment, and, this being the case, the trial…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1895
- Birmingham Ry. Light & Power Co. v. JonesSupreme Court of Alabama · 1906
- Nashville, Chattanooga & St. Louis Railway v. RaganSupreme Court of Alabama · 1910
- Birmingham Ry. L. & P. Co. v. MooreSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. MooreAlabama Court of Appeals · 1911
3Cited by5 opinions
- Mobile City Lines, Inc. v. ProctorSupreme Court of Alabama · 1961
- Mobile Light R. Co. v. NicholasSupreme Court of Alabama · 1936
- Louisville & Nashville Railroad Company v. Howard WilliamsCourt of Appeals for the Fifth Circuit · 1966
- Powell Ambulance Service v. CooleySupreme Court of Alabama · 1961
- George W. Russell v. Page Aircraft Maintenance, Inc., a CorporationCourt of Appeals for the Fifth Circuit · 1972