Tennessee Coal, Iron & Ry. Co. v. Harmes
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Thomas Harmes by next friend against the Tennessee Coal, Iron and Railroad Company, for damages to the employe. Judgment for plaintiff and defendant appeals. Counsel discuss the issues and the evidence and conclude that the defendant was entitled to the affirmative charge, and in support thereof cite: L. & N..
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Thomas Harmes by next friend against the Tennessee Coal, Iron and Railroad Company, for damages to the employe. Judgment for plaintiff and defendant appeals. Counsel discuss the issues and the evidence and conclude that the defendant was entitled to the affirmative charge, and in support thereof cite: L. & N.. R. R. Go. v. Lowe, 48 South. 99; L. & N. R. R. Go. v, Allen, 78 Ala. 494; Western B. G. & F. Go. v. Gunningham, 48 South. 109. The evidence in this case was sufficient to require a submission of the questions…
1Opinion of the CourtMcCLELLAN, J.
Counts 1, 2, and 6, were those upon which the trial was had. They ascribe the injury to defects in the condition of the ways, works, machinery, or plant of the defendant. In their order they aver that the defect existed in the drawhead, the coupling link, and the coupling pin of a car — hot-pot—about which plaintiff was engaged when injured. While there was evidence that the link was defective, there was no evidence of negligence in failure of the defendant, or of others, to whom that duty was committed, to discover or remedy that defective condition of the link, or that it arose from…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
- Birmingham Rolling Mill Co. v. RockholdSupreme Court of Alabama · 1904
- Louisville & Nashville R. R. v. LoweSupreme Court of Alabama · 1908
- Tuck v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- Louisville & Nashville R. R. v. BinionSupreme Court of Alabama · 1893
3Cited by1 opinion
- Riddle v. Bessemer Soil Pipe Co.Supreme Court of Alabama · 1911