Pryor v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Si-iarpe. This action was brought by Edwin Pryor, against the L. & N. Railroad Company, to recover damages for personal injuries sustained by plaintiff while in the discharge, as alleged, of his duties as brakeman; and was commenced on the 24th of December, 1887. The accident occurred on the 14th of February, 1887, at or near a station called Strassburg, and the injuries received by plaintiff necessitated…
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Si-iarpe. This action was brought by Edwin Pryor, against the L. & N. Railroad Company, to recover damages for personal injuries sustained by plaintiff while in the discharge, as alleged, of his duties as brakeman; and was commenced on the 24th of December, 1887. The accident occurred on the 14th of February, 1887, at or near a station called Strassburg, and the injuries received by plaintiff necessitated the amputation of one of his legs. The complaint alleged, in a single count, that while plaintiff was acting as brakeman…
1Opinion of the Court
SOMERVILLE, J
The alleged defects in the ways and machinery of the defendant, relied on in the complaint as grounds of culpable negligence, are two: (1) the detective link used in coupling the cars together, which broke and separated the two sections of the train; (2) the existence of a hole upon the track of the railroad, stepping into which by the plaintiff contributed to the accident. It is perfectly manifest from the evidence, that the defect in the link, which resulted in its breaking, was not the proximate, but only the remote cause of the plaintiff’s injury.
The complaint alleges the…
2Cases cited1 opinion
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
3Cited by14 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. HawkinsSupreme Court of Alabama · 1890
- Alabama Great Southern Railway Co. v. McFarlinSupreme Court of Alabama · 1911
- Liverett v. Nashville, Chattanooga & St. L. Ry.Supreme Court of Alabama · 1914
9 more not listed; retrieve them via the Exa API.