Clements v. Alabama Great Southern Railroad
Supreme Court of Alabama
Appeal from the Tuscaloosa Law and Equity Court., Tried before the lion. J. J. Mayfield. This action was .brought by the. appellant, Newton J. Clements, against the Alabama Great Southern .Railroad Company, to recover damages for personal injuries, alleged to have been sustained by the plaintiff while he was in the employment of the defendant, and in the discharge of his duties as such employe.
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Appeal from the Tuscaloosa Law and Equity Court., Tried before the lion. J. J. Mayfield. This action was .brought by the. appellant, Newton J. Clements, against the Alabama Great Southern .Railroad Company, to recover damages for personal injuries, alleged to have been sustained by the plaintiff while he was in the employment of the defendant, and in the discharge of his duties as such employe. The accident resulting in the injuries complained of occurred on a trestle or bridge along the line of defendant’s railroad. The complaint contained nine counts. It was averred in each of the counts of…
1Opinion of the CourtTyson, J.
This appeal is prosecuted by the plaintiff in. the court below from a judgment sustaining a demurrer to his complaint. The complaint contains several counts. The first, second, third and fourth counts áre attempted to be framed under the first sub-division of section 1749 of the Code. In each of them a defect in a steel bar used by the plaintiff in prizing up a rail on the defendant’s track, is the alleged cafise of his injury. In count 1 it is alleged that the injury was caused by reason of a defect in the bar, which was dull and blunt at the end instead of being sharp. In count two the…
2Cases cited10 opinions
- Noyes v. SmithSupreme Court of Vermont · 1855
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Smoot v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Birmingham Railway, Light & Power Co. v. MurphyAlabama Court of Appeals · 1911
- Sloss-Sheffield Steel & Iron Co. v. MolbleySupreme Court of Alabama · 1903
- Huyck v. McNerneySupreme Court of Alabama · 1909
- A. G. S. R. R. v. VailSupreme Court of Alabama · 1904
- Louisville & Nashville R. R. v. FitzgeraldSupreme Court of Alabama · 1909
6 more not listed; retrieve them via the Exa API.