Louisville & Nashville Railroad v. Bouldin
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried, before the Hon. H. C. Speaice. Sallie M. Bouldin, as administratrix of Richard Boul-din, deceased, brought the present action against the Louisville & Nashville Railroad Company, the appellant, to recover for the alleged negligent killing of her intestate, who was an employe of tlie defendant and engaged as a switchman at the time he received the injuries that caused his death. The complaint contained five counts.
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Appeal from the Circuit Court of Morgan. Tried, before the Hon. H. C. Speaice. Sallie M. Bouldin, as administratrix of Richard Boul-din, deceased, brought the present action against the Louisville & Nashville Railroad Company, the appellant, to recover for the alleged negligent killing of her intestate, who was an employe of tlie defendant and engaged as a switchman at the time he received the injuries that caused his death. The complaint contained five counts. The averments of the first count are sufficiently stated in the opinion. The second count was as follows : "And plaintiff claims of…
1Opinion of the CourtMcCLELLAN, J.
The first count of the complaint' alleges that while the intestate, Bouldin, was rightfully standing on the foot-board of a moving switch engine, with his foot projecting over the edge of said board, his *198foot came in contact with, an oil-box which had been left on the defendant’s road-way, and so near to the rail of defendant’s railway as to strike Bouldin’s foot, whereby he was thrown to the ground, where he was run oyer by the engine, and killed, &c.; and that said oil-box, "so left upon the defendant’s roadbed, and so near to the rail of its track, was a defect in the condition” of…
2Cases cited3 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
3Cited by26 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Alabama Great Southern Railroad v. DavisSupreme Court of Alabama · 1898
- Davis v. KornmanSupreme Court of Alabama · 1904
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
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