Scarborough v. Ala. Midland Railway Co.
Supreme Court of Alabama
Appear from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Simon Scarborough against the Alabama Midland Eailway Company, to recover damages for personal injuries sustained by plaintiff, while travelling, as alleged in each count of the complaint, as a passenger on a train on the defendant’s road, between Earner, a station in Montgomery county, and Troy, in Pike county.
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Appear from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Simon Scarborough against the Alabama Midland Eailway Company, to recover damages for personal injuries sustained by plaintiff, while travelling, as alleged in each count of the complaint, as a passenger on a train on the defendant’s road, between Earner, a station in Montgomery county, and Troy, in Pike county. On all the evidence adduced, the court charged the jury, on request, to find for the defendant, if they believed the evidence; and this charge, to which the plaintiff…
1Opinion of the CourtWalker, J.
— The plaintiff had been employed by J. M. Brown & Co«, as a laborer in the construction of the Alabama Midland railway, up to the time when he received from them a pass from.Ramer, where he had been in camp, to Bainbridge, Georgia. He got'on the train on which the pass was tobe used, and received personal injuries in a collision between that and another train. The portion of the railway on which the collision occurred was, at that time, still in process of construction, and was in the possession, exclusive control and management of Brown & Go., who, as independent contractors, were engaged…
2Cases cited9 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Cunningham v. International RailroadTexas Supreme Court · 1879
- Miller v. Minnesota & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
- Dallas Manfg. Co. v. TownesSupreme Court of Alabama · 1906
8 more not listed; retrieve them via the Exa API.