James M. Brown & Co. v. Scarboro
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried, before Hon. John P. Hubbard. Action by Simon Scarboro against James M. Brown dt Company and the Alabama Terminal & Improvement Company to recover damages for injuries alleged to have been received while a passenger on a construction train furnished by tlie latter, but controlled by the former.
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Appeal from Montgomery Circuit Court. Tried, before Hon. John P. Hubbard. Action by Simon Scarboro against James M. Brown dt Company and the Alabama Terminal & Improvement Company to recover damages for injuries alleged to have been received while a passenger on a construction train furnished by tlie latter, but controlled by the former. Exceptions were taken by tlie defendants to portions of the oral charge, as follows : (1) “If the plaintiff had .a pass which authorrized him to go upon that train to Troy, and that was the train they usually rode upon in being carried to Troy or other…
1Opinion of the CourtHead, J.
— The question of appellant’s liability for the acts and omissions of the persons operating the colliding trains which inflicted the plaintiff’s injury is raised by a charge requested by appellants and refused by the court, but the point is not insisted on in the argument of counsel, and we will not notice it, further than to say, that the same question was raised upon the same facts and decided by this court adversely to appellants, in the case of the present plaintiff, Scarboro, against The Alabama Midland Railroad Co., 10 So. Rep. 316; s. c. 94 Ala. 497.
Plaintiff sues as a passenger. If he…
2Cases cited1 opinion
- Scarborough v. Ala. Midland Railway Co.Supreme Court of Alabama · 1891
3Cited by9 opinions
- Lawrence v. Kaul Lumber Co.Supreme Court of Alabama · 1911
- North Birmingham Railway Co. v. LiddicoatSupreme Court of Alabama · 1892
- Southern Railway Co. v. BatesSupreme Court of Alabama · 1915
- Alabama Midland Railway Co. v. JohnsonSupreme Court of Alabama · 1898
- Broyles v. Central of Georgia Railway Co.Supreme Court of Alabama · 1909
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