Legal Opinion

Louisville & Nashville Railroad v. Elliott

Supreme Court of Alabama

Decided December 16, 1909PublishedCited by 13 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Steve Elliott against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals.

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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Steve Elliott against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. The case made by the complaint is that plaintiff was an employe of the Louisville & Nashville Railroad Company as brakeman on a freight train, and that while the train was passing through the yards another car or obstruction had been left so close to the track that the car on which plaintiff was engaged in his employment ■“sidewiped” or struck the car or other obstruction, causing the injuries…

1Opinion of the CourtSimpson, J.

This action ivas brought by the appellee against the appellant for damages on account of a personal injury received by the plaintiff while an employe of the defendant. All of the counts of the complaint were elimiated, except the fifth count of the amended complaint, on which the case was submitted to the jury.

During the examination of the witness Dr. Lowery, he testified that a competent surgeon who examined the plaintiff at the time he was hurt would be in a better situation to tell whether the plaintiff had a fractured pelvis than the witness, and that he knew Dr. Pressley. Defendant’s…

2Cases cited7 opinions

  1. Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
  2. Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
  3. Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
  4. Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
  5. Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Wear v. WearSupreme Court of Alabama · 1916
  2. Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
  3. Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
  4. Armour & Co. v. CartledgeSupreme Court of Alabama · 1937
  5. Equitable Life Assur. Soc. of United States v. WelchSupreme Court of Alabama · 1940

8 more not listed; retrieve them via the Exa API.

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