McDaniel v. Highland Avenue & Belt Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried, before the Hon. E. T. Taliaferro, as special judge. This action was brought by O. L>. McDaniel, to recover damages for personal injuries sustained by him by falling between the coach and the engine while on one of the defendant’s trains.
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Appeal from the Circuit Court of Jefferson. Tried, before the Hon. E. T. Taliaferro, as special judge. This action was brought by O. L>. McDaniel, to recover damages for personal injuries sustained by him by falling between the coach and the engine while on one of the defendant’s trains. “On the trial,” as the bill of exceptions states, “the .plaintiff testified in his own behalf, that he was employed by the defendant about November 1st, 1887, as a day-laborer, as fireman and switchman, and reported daily for service, and was allowed to attend to other business when not needed for the day,…
1Opinion of the CourtClopton, J.
In the first count of the complaint, plaintiff sues in the capacity of employé, and in the second, as a passenger. Assuming the facts as testified by himself, he is not entitled to recover under either count. The first avers, that being employed by defendant as switchman, he was injured by the carelessness and negligence of the engineer, and in consequence of defective machinery, while passing from the engine to the platform of the car, for the purpose of alighting to turn the switch, “as was his duty then and there in the line of his employment.” The controlling facts, as far as applicable…
2Cases cited2 opinions
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Georgia Pacific Railroad v. PropstSupreme Court of Alabama · 1887
3Cited by7 opinions
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- Giannini v. CampodonicoCalifornia Supreme Court · 1917
- Galveston, Harrisburg & San Antonio Railway Co. v. PatilloCourt of Appeals of Texas · 1907
- Indianapolis Traction & Terminal Co. v. RomansIndiana Court of Appeals · 1907
- Sanderson v. Panther Lumber Co.West Virginia Supreme Court · 1901
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