Legal Opinion

Central of Georgia Railway v. Lamb

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 16 opinions

Appeal from Lee Circuit Court. Tried before Hon. J. M. Carmichael. This is an action brought by Robert Lamb by next friend against the Central of Georgia Railway Company, and seeks to recover damages for injuries alleged by the plaintiff to have been caused to him while in the employment of the defendant, by another employé of the company. The plaintiff was working with A. B. Coleman, who had charge of an extra force of hands.

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Appeal from Lee Circuit Court. Tried before Hon. J. M. Carmichael. This is an action brought by Robert Lamb by next friend against the Central of Georgia Railway Company, and seeks to recover damages for injuries alleged by the plaintiff to have been caused to him while in the employment of the defendant, by another employé of the company. The plaintiff was working with A. B. Coleman, who had charge of an extra force of hands. These hand's in going to their work had to cross a trestle of considerable length. On the morning the injury occurred to plaintiff, he and others started from their…

1Opinion of the CourtMcCLELLAN, C. J.

— An employer is not liable to an employé for injuries resulting from the negligence, or from the Avanton or Avillful Avrong-doing of fellow employés except in the instances provided for in sections 1749-1751 of the Code, known as the Employer’s Liability Act. Each count of the complaint in this case avers that the plaintiff was an employé of the defendant, and that he sustained the injuries of AAdiich he uoav complains Avhile engaged in that employment. The first count ascribes the injuries to defective appliances for controlling the speed, stopping etc. etc. of the hand or “push” car which,…

2Cases cited1 opinion

  1. Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877

3Cited by16 opinions

  1. Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
  2. Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
  3. Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
  4. Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
  5. Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901

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