Johnson v. Nashville, C. & St. L. Ry.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Marcus Johnson against the Nashville, Chattanooga & St. Louis Railway for damages for injuries received while in its employment. Judgment for defendant on a directed verdict, and plaintiff appeals. The court was in error in directing verdict for defendant, as under the evidence, it was a question for the jury as to whether or not the superintendent was negligent. — 2 LeB.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Marcus Johnson against the Nashville, Chattanooga & St. Louis Railway for damages for injuries received while in its employment. Judgment for defendant on a directed verdict, and plaintiff appeals. The court was in error in directing verdict for defendant, as under the evidence, it was a question for the jury as to whether or not the superintendent was negligent. — 2 LeB. M. & S. secs. 695-6; Sloss-S. S. & I. Oo. v. Green, 159 Ala. 181; K. G. M. & B. v. Burton, 97 Ala. 245; Smith v. Pioneer M. & M. Go., 146 Ala.…
1DissentMcCLELLAN, J.
(dissenting). — The sole error assigned is the giving the affirmative charge for the defendant. Evidence was taken on two counts; both purporting to charge liability under the second subdivision of the Liability Act, § 3910. The particular negligence alleged in the first count is this: “That said Bart All-red, while in the exercise of such superintendence, negligently shoved, or caused to be shoved or pushed or thrown, a certain piece of timber against the plaintiff, while plaintiff, in the discharge of his duties, was in the place where said1 timber was so thrown, pushed, or shoved, removing…
2Cases cited5 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Roche v. BleacheryMassachusetts Supreme Judicial Court · 1902
- Canney v. WalkeineCourt of Appeals for the First Circuit · 1901
- Sloss-Sheffield S. & I. Co. v. AustellSupreme Court of Alabama · 1909