Legal Opinion

Louisville & Nashville R. R. v. Bontrager

Supreme Court of Alabama

Decided January 22, 1914PublishedCited by 4 opinions

Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by L. L. Bontrager against the Louisville & Nashville Railroad Company, for damages for injury while in its employment. Judgment for plaintiff and defendant appeals. The court erred in admitting the testimony of Johnson as he was not shown to be an expert.- — Anniston v. Ivey, 151 Ala. 392; 125 Ala. 585. Defendant was entitled to the general charge as to count 1. — Hollcmd v. Tenn.

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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by L. L. Bontrager against the Louisville & Nashville Railroad Company, for damages for injury while in its employment. Judgment for plaintiff and defendant appeals. The court erred in admitting the testimony of Johnson as he was not shown to be an expert.- — Anniston v. Ivey, 151 Ala. 392; 125 Ala. 585. Defendant was entitled to the general charge as to count 1. — Hollcmd v. Tenn. Oo., 91 Ala. 450; L. é N. v. Andrews, 171 Ala. 208; Eureka Oo. v. Bass, 81 Ala. 212; Wes. Ry. v. Mutch, 97 Ala. 196; L. AN. v. Lowe, 158…

1Opinion of the Court

McCLELLAN, J. —

Action by servant, appellee, against master, appellant, for personal injuries received in that service. The complaint contains two counts. The first and second counts intend, respectively, to state a cause of action under the first and second subdivisions of the Liability Act (Code 1907, § 3910). The first count describes the defect as consisting of an insufficient handle or lever for the operation of a “jack” commonly used in the alignment of a railway. The secont count ascribes plaintiff’s injury to the negligence of a superintendent whilst in the exercise thereof, without…

2Cases cited3 opinions

  1. Benoit v. BenoitSupreme Court of Louisiana · 1909
  2. Huyck v. McNerneySupreme Court of Alabama · 1909
  3. Louisville & Nashville Railroad v. AndrewsSupreme Court of Alabama · 1910

3Cited by4 opinions

  1. Dwight Mfg. Co. v. VaughnSupreme Court of Alabama · 1919
  2. Louisville & Nashville R. R. v. HallSupreme Court of Alabama · 1915
  3. Holland-Blow Stave Co. v. SpencerAlabama Court of Appeals · 1917
  4. Dunaway v. RodenAlabama Court of Appeals · 1916

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