Alabama Great Southern Ry. Co. v. Cardwell
Supreme Court of Alabama
Appeal from Bessemer City Court, Heard before I-Ion. William Jacks'on. Action by Citarles Cardwell against the Alabama Great Southern Railway Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Bessemer City Court, Heard before I-Ion. William Jacks'on. Action by Citarles Cardwell against the Alabama Great Southern Railway Company. From a judgment for plaintiff, defendant appeals. The complaint is as follows: Count 1: “Plaintiff claims of the defendant- the sum of $20,000 as damages, and avers that the defendant, on, to wit, January 8th, operated a line of railroad through Bessemer, Jefferson county, Ala., and operated within its yard limits in Bessemer, Ala., to propel cars in shifting and placing-cars in said yard limits, a switch engine, and had in charge and control…
1Opinion of the CourtMayfield, J.
A count under subdivision 2 of the employer's liability act, to be sufficient to withstand appropriate demurrer, must allege, in effect, that the injury complained of was caused by reason of the'negligence of some person in the service of the master, who had some superintendence intrusted to him, whilst in the exercise of such superintendence.. It must do so because the statute says so. ■ Subdivision 2, § 3910, Code 1907. Unless the negligent servant is intrusted by the master with some superintendence, and unless the negligence complained of occurred whilst he was in the exercise of such…
2Cases cited3 opinions
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Brettun v. AnthonyMassachusetts Supreme Judicial Court · 1869
- Crump v. . MimsSupreme Court of North Carolina · 1870
3Cited by21 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- INTERNATIONAL UNION, ETC. v. RussellSupreme Court of Alabama · 1956
- International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. HatasSupreme Court of Alabama · 1971
- Foster & Creighton Co. v. St. Paul Mercury Indemnity Co.Supreme Court of Alabama · 1956
- Cauble v. Boy Scouts of AmericaSupreme Court of Alabama · 1947
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