McNeil v. Munson Steamship Line
Alabama Court of Appeals
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Albert McNeil against the Mnnson Steamship Line for injuries while engaged in its employment. Judgment for defendant, and plaintiff appeals. The facts sufficiently appear from the opinion. Charge 17 is as follows: “The court charges the jury that the fact of plaintiff’s injury does not of itself give him a right of recovery.
Read the full summary
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Albert McNeil against the Mnnson Steamship Line for injuries while engaged in its employment. Judgment for defendant, and plaintiff appeals. The facts sufficiently appear from the opinion. Charge 17 is as follows: “The court charges the jury that the fact of plaintiff’s injury does not of itself give him a right of recovery. To recover the plaintiff must show that the defendant was guilty of a breach of some duty that it owed plaintiff. If the jury believe from the evidence that defendant was not guilty of a…
1Opinion of the CourtPelham, J.
— Plaintiff (appellant) originally set up his cause of action in a complaint containing five counts, and each count declared or relied upon the relation of master and servant existing between the defendant and plaintiff. The first count alleged a breach of the common-law obligation of the master to furnish the servant a safe place to work. The second count was under subdivision 2 of the Employer’s Liability Act (Code, § 3910). The third count was under subdivision 3 of the same act. The fourth count charged a wanton or intentional wrong under subdivision 2; and the fifth count was framed…
2Cases cited11 opinions
- Woodward Iron Co. v. BrownSupreme Court of Alabama · 1910
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Louisville & Nashville R. R. v. LileSupreme Court of Alabama · 1908
- Rome & Decatur Railroad v. ChasteenSupreme Court of Alabama · 1889
- A. G. S. R. R. v. VailSupreme Court of Alabama · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McNeil v. Munson S. S. LinesSupreme Court of Alabama · 1913
- Gilmer v. SalterSupreme Court of Alabama · 1970
- Barnes v. HaneySupreme Court of Alabama · 1966
- Birmingham Electric Co. v. EcholsAlabama Court of Appeals · 1947
- Clarke v. StateAlabama Court of Appeals · 1947
1 more not listed; retrieve them via the Exa API.