Pace v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by George Pace against tbe Louisville & Nashville Railroad Company for personal injuries while an employe. Judgment for defendant and plaintiff appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by George Pace against tbe Louisville & Nashville Railroad Company for personal injuries while an employe. Judgment for defendant and plaintiff appeals. Tbe court erred in overruling demurrer to pleas 2, 3, and 4. — Osborn v. Ala. 8. & W. Co., 135 Ala. 571, and authorities there cited; T. O. I. & R. R. Go. v. Burgess, 47 South. 1029; 'Woo(heard I. Go. v. Gurl, 44 South. 969. Tbe 4th count of tbe complaint was sufficient. — Eureka Go. v. Bass, 81 Ala. 204 and cases cited; 8eaboa cl Mfg. Go. v. Wood-son, 91 Ala.…
1Opinion of the CourtSayre, J.
Counts 1 and 2 were framed under the first subdivision of the employer’s liability act (Code *5231907, § 3910) as for an injury caused by a defect in the ■works, ways, machinery, or plant used in the business of the defendant; the particular defect alleged in the first being the defective condition of the lubricator on the engine plaintiff was employed to run, and in the second that the water valve of the lubricator on the engine was broken and unfit for use. The third counts upon the negligence of one McDowell to whom superintendence was instrusted; the fourth, upon negligence of McDowell in…
2Cases cited10 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Kroell v. StateSupreme Court of Alabama · 1903
- Tennessee Coal Iron & R. R. v. BurgessSupreme Court of Alabama · 1908
- Hirschfelder v. Levy & Co.Supreme Court of Alabama · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1930
34 more not listed; retrieve them via the Exa API.