Illinois Central R. R. v. Lowery
Supreme Court of Alabama
Appeal from. Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by M. J. Lowery against the Illinois Central Railroad Company, for injuries suffered while in its employment. Judgment for plaintiff and defendant appeals. Plea 9 was sufficient. —Tallassee F. M. Go. v. Moore, 158 Ala. 356. The other pleas were also sufficient, and the court erred in sustaining demurrers thereto.
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Appeal from. Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by M. J. Lowery against the Illinois Central Railroad Company, for injuries suffered while in its employment. Judgment for plaintiff and defendant appeals. Plea 9 was sufficient. —Tallassee F. M. Go. v. Moore, 158 Ala. 356. The other pleas were also sufficient, and the court erred in sustaining demurrers thereto. The defendant was entitled to show that warning was constantly given the men to stay out from under the derrick. In any event, no objection was made to the question and the court erred in excluding the answer…
1Opinion of the CourtSomerville, J.
— -The complaint avers that plaintiff, while in the service of defendant, and while dis-. charging the duties of his employment by assisting in the unloading of steel rails from one of defendant’s cars, was injured by the negligent dropping upon him of a lever operated by defendant, together with the heavy steel rail which it was carrying from the car at the time. The first count, upon which alone the case was tried, is framed under the first subdivision of the Employers’ Liability Act (Code 1907, § 3910), and the injury complained of is alleged to be the proximate result of a defect in the…
2Cases cited5 opinions
- Nelson v. StateSupreme Court of Alabama · 1900
- Cox v. StateSupreme Court of Georgia · 1879
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Tallassee Falls Mfg. Co. v. MooreSupreme Court of Alabama · 1908
3Cited by30 opinions
- Deparvine v. StateSupreme Court of Florida · 2008
- Commonwealth v. ColemanSupreme Court of Pennsylvania · 1974
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Pollard v. RogersSupreme Court of Alabama · 1937
- Stewart v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
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