Hissong v. Richmond & Danville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by John S. Hissong, to recover damages for personal injuries sustained by him while in the defendant’s service; and was commenced on the 6th March, 1890. The injuries were received on the 24th November, 1889, while the plaintiff, who was a switchman, was attempting to couple two cars in the defendant’s jmrds at Birmingham; and they resulted in the amputation of one of his…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by John S. Hissong, to recover damages for personal injuries sustained by him while in the defendant’s service; and was commenced on the 6th March, 1890. The injuries were received on the 24th November, 1889, while the plaintiff, who was a switchman, was attempting to couple two cars in the defendant’s jmrds at Birmingham; and they resulted in the amputation of one of his legs. The plaintiff himself testified, that he first attempted to couple the cars by using a stick, which was provided…
1Opinion of the CourtClopton, J.
Appellant, who was in the employment of appellee as yard-switchman, sues to recover damages for an injury suffered while engaged in coupling cars. The first count of the complaint alleges that the injury was caused by defects in the condition of the track, and the coupling appliances. Plaintiff’s right to recover, under this count, may be eliminated from consideration of the case, there being no evidence tending to show that the defects were the proximate cause of the injury, or that the failure to discover and remedy them was owing to the negligence of defendant, or of any person in the…
2Cases cited1 opinion
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
3Cited by16 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Richmond & Danville Railroad v. JonesSupreme Court of Alabama · 1890
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