Northern Alabama Railroad v. Shea
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. Ed B. Almon. This was an action brought by the appellee, R. E. Shea, against the appellant, The Northern Alabama Railway Company, to recover $1,999, as damages for personal injuries sustained by the plaintiff, while acting as a brakeman in the service of the appellant corporation.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. Ed B. Almon. This was an action brought by the appellee, R. E. Shea, against the appellant, The Northern Alabama Railway Company, to recover $1,999, as damages for personal injuries sustained by the plaintiff, while acting as a brakeman in the service of the appellant corporation. The 5th, 6th and 8th counts of the amended complaint (demurrers having been sustained to- the other counts) contain the following averments: (5.) “And plaintiff avers that his injuries resulted from the negligence oi; -Gould, whose given name is unknown…
1Opinion of the Court
MCCLELLAN, C.' J.'
We read the fifth count to aver that the train of cars upon which plaintiff was in discharge of his duties as a brakeman was derailed, and plaintiff thereby injured, in consequence of its being run by the engineer in charge at a rate of speed which was reckless, that is, negligent and unregardful of consequences, and dangerous. This is a sufficient averment of negligence under the decisions of this court. It is much the same as an averment that the engineer so negligently run his engine as to cause the derailment and injury to plaintiff. — Louisville & Nashville Railroad…
2Cases cited6 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
- Woodward Iron Co. v. HerndonSupreme Court of Alabama · 1896
- Louisville & Nashville Railroad v. YorkSupreme Court of Alabama · 1900
- Davis v. MillerSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Louisville & Nashville R. R. v. LileSupreme Court of Alabama · 1908
- Tipler v. McKenzie Tank LinesSupreme Court of Alabama · 1989
- White v. ZutellCourt of Appeals for the Second Circuit · 1959
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Louisville N. R. Co. v. JacobsonSupreme Court of Alabama · 1928
5 more not listed; retrieve them via the Exa API.