Louisville & Nashville Railroad v. Watson
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Henry B. Watson, against the-appellant corporation, to recover damages for personal injuries sustained by plaintiff, while endeavoring to couple cars in the discharge of his duties as brakeman on the defendant’s road; and was commenced on the 13th of April, 1889. The cause was tried on issue joined on the pleas of not guilty, contributory negligence, and the statute of…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Henry B. Watson, against the-appellant corporation, to recover damages for personal injuries sustained by plaintiff, while endeavoring to couple cars in the discharge of his duties as brakeman on the defendant’s road; and was commenced on the 13th of April, 1889. The cause was tried on issue joined on the pleas of not guilty, contributory negligence, and the statute of limitations of one year. The evidence showed that the injuries were received on the 13th April, 1888, and necessitated the…
1Opinion of the CourtMcOLELLAN, J.
The appellee, plaintiff below, was a brakeman in the employ of the appellant, defendant below. The action is for personal injuries sustained by the plaintiff Avhile he Avas endeavoring, in the line of his employment and duty, to couple a freight car to the tender of a locomotive belonging to the defendant and operated by its employés. The evidence is without conflict to the point, that had the plaintiff used a coupling stick, the injury would not have been suffered. It is also uncontroverted, that a rule of the defendant company required the use of these sticks in all cases, and forbade…
2Cases cited6 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Carney v. StateSupreme Court of Alabama · 1885
- Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Boyette v. BradleySupreme Court of Alabama · 1924
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
- Nebola v. Minnesota Iron Co.Supreme Court of Minnesota · 1907
16 more not listed; retrieve them via the Exa API.