Ga. Pacific Railway Co. v. Propst
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before the Hon. Sam. IT. Sprott. This action was brought by Wm. IT. Propst, a minor, against the appellant corporation, to recover damages for personal injuries sustained while engaged, as alleged, in its service as brakeman, and attempting to couple cars under the orders of the conductor; and was commenced on the 31st December, 1886. This is the third appeal in the case. — 83 Ala. 18; 85 Ala. 203. Issue was joined on the pleas…
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Appeal from the Circuit Court of Fayette. Tried before the Hon. Sam. IT. Sprott. This action was brought by Wm. IT. Propst, a minor, against the appellant corporation, to recover damages for personal injuries sustained while engaged, as alleged, in its service as brakeman, and attempting to couple cars under the orders of the conductor; and was commenced on the 31st December, 1886. This is the third appeal in the case. — 83 Ala. 18; 85 Ala. 203. Issue was joined on the pleas of not guilty, and contributory negligence; and the last trial resulted in a verdict for plaintiff, for $3,085. The…
1Opinion of the CourtStone, C. J.
One of the defenses in this case was contributory negligence. In maintenance of that defense, it was attempted to be shown that one of the rules of running the trains of the defendant corporation was, that car-coupling should not be done with the hand, but with coupling-sticks kept on its trains for the purpose; that these rules were printed and carried on its trains, and that plaintiff had knowledge of that rule, having read the book of rules. A witness was asked, if there was not such rule; and, on proof that the rules had been printed in book form, which was neither produced, nor its…
2Cases cited9 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Cleveland v. StateSupreme Court of Alabama · 1888
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Perry v. StateSupreme Court of Alabama · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
- Steed v. KnowlesSupreme Court of Alabama · 1892
- Allison v. LittleSupreme Court of Alabama · 1890
- Jones v. HaglerSupreme Court of Alabama · 1891
9 more not listed; retrieve them via the Exa API.