Schlaff v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. William' W-Wllkerson. This was an action brought by Nicholas Sciilaff, as administrator of Peter Schlaff, against the Louisville & Nashville Bailroad Company to recover damages for the killing of plaintiff’s intestate. The complaint contained four counts. The negligence complained of in each of these counts is sufficiently stated in the opinion of the court.
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Appeal from the City Court of Birmingham. Tried before the Hon. William' W-Wllkerson. This was an action brought by Nicholas Sciilaff, as administrator of Peter Schlaff, against the Louisville & Nashville Bailroad Company to recover damages for the killing of plaintiff’s intestate. The complaint contained four counts. The negligence complained of in each of these counts is sufficiently stated in the opinion of the court. The defendant pleaded the general issue and contributory negligence on the part of plaintiff’s intestate. On the trial the plaintiff's evidence tended to show that the…
1Opinion of the CourtColeman, J.
Plaintiff's intestate was in the employment of defendant as brakeman, and came to his death, as alleged in the complaint, by reason of the negligence of the defendant. The action was founded under subdivision one of section 2590 of the Code. The complaint consisted of four counts, and the defect averred in the first, second and fourth counts, relate to the construction of a bridge over the railroad track of the defendant. It is averred in the first and second counts that the horizontal beam and timbers overhead were too low to permit a brakeman to stand on top of the freight cars and pass…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
- Ga. Pacific Railway Co. v. PropstSupreme Court of Alabama · 1890
3Cited by13 opinions
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
- McCants v. ThompsonSupreme Court of Oklahoma · 1911
- Southern Railway Co. v. LefanSupreme Court of Alabama · 1915
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