Louisville & Nashville R. R. v. Byrd
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. ' Heard before Hon. W. W. Pearson. Action by John B. Byrd against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. Suit by appellee for the recovery of damages for injuries sustained by his being struck by one of appellant’s engines while engaged in the performance of his duties as an employee of defendant.
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Appeal from Montgomery Circuit Court. ' Heard before Hon. W. W. Pearson. Action by John B. Byrd against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. Suit by appellee for the recovery of damages for injuries sustained by his being struck by one of appellant’s engines while engaged in the performance of his duties as an employee of defendant. Plaintiff at the time of the injury was employed by defendant in the capacity of brakeman, and on the night of February 18, 1915, he came into the yards at Flomaton, Ala., with his train, riding on the pilot…
1Opinion of the Court
GARDNER, J.—(1) This cause was submitted to the jury upon three counts, numbered 1, 2, and A, and the plea of the-general issue and that of contributory negligence. Counts 1 and '2 rested for recovery upon subdivision 5 of our Employers’ Liability Act (Code 1907, § 3910). Count A seeks recovery for a violation of the common-law duty of defendant to furnish plain-fiff a reasonably safe place in which to do the work of his employment. It is insisted that the affirmative charge was due defendant as to counts 1 and 2, for the reason that there is no negligence shown, and that, if it be conceded…
2Cases cited11 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Hackett v. CashSupreme Court of Alabama · 1916
- Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tennessee Coal, I. & R. R. v. WigginsSupreme Court of Alabama · 1916
- Webb v. GaySupreme Court of Alabama · 1941
- Curtis v. StateSupreme Court of Alabama · 1933
- Denson v. MiddletonAlabama Court of Appeals · 1919