Louisville & Nashville Railroad v. Sandlin
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tided before the Hon. W. W. Wilkerson. This action was brought by the appellee, W. J. Sandlin, against the Louisville & Nashville Kailroad Company, to recover damages for personal injuries received by the plaintiff in a wreck of a train on the defendant’s road, and upon which he was a passenger. The complaint contained eight counts. The negligence averred is sufficiently stated in the opinion.
Read the full summary
Appeal from the City Court of Birmingham. Tided before the Hon. W. W. Wilkerson. This action was brought by the appellee, W. J. Sandlin, against the Louisville & Nashville Kailroad Company, to recover damages for personal injuries received by the plaintiff in a wreck of a train on the defendant’s road, and upon which he was a passenger. The complaint contained eight counts. The negligence averred is sufficiently stated in the opinion. There is no question raised on the pleadings. It was shown that the wreck occurred at a curve along the line of the defendant’s road,' at which point all the…
1Opinion of the CourtHaralson, J.
1. There were eight counts in the complaint averring negligence: The 1st, in the management of the train by defendant’s employes; the 2d, for failure to have the road-bed in proper condition; the 3d, in failing to have the track in proper condition; the. 1th, for having rotten or unsound cross-ties under the *589rails; the 5th, for failing to have the rails securely spiked or fastened to the cross-ties; the 6th, in so constructing the track, that the rails spread when the train ran onto them; 7th, in having worn or defective rails on the track; and the 8th, the negligent management of the train…
2Cases cited5 opinions
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Birmingham Union Railway Co. v. AlexanderSupreme Court of Alabama · 1890
- Gulf City Insurance v. StephensSupreme Court of Alabama · 1874
3Cited by26 opinions
- Wear v. WearSupreme Court of Alabama · 1916
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Brent v. BaldwinSupreme Court of Alabama · 1909
21 more not listed; retrieve them via the Exa API.