Louisville & N. R. R. v. Williams
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Action by Joseph E. Williams against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Autauga Circuit Court. Action by Joseph E. Williams against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. Plaintiff was an employee of the Marbury Lumber Company, and about 2 p. m., while attempting to cross a spur track running from defendant’s main line about 350 yards into the lumber company’s premises, between its sawmill and planing mill, and used only in connecwith its business, was run, down and seriously injured by a cut of freight cars kicked or pushed by defendant’s locomotive or engine from its main track. Plaintiff’s…
1Opinion of the CourtSomerville, J.
— The complaint alleges that defendant’s servant in charge of its cars, while acting within his employment, willfully or wantonly ran said cars against or upon plaintiff, thereby proximately causing the injuries described. This sufficiently charges a willful or wanton injury, as uniformly held by this court.
A witness should not be allowed to state that another person does or’ does not know a particular fact, this being a mere conclusion, and ordinarily the allowance of such testimony, when properly objected to, is reversible error. — L. & N. R. R. Co. v. Perkins, 165 Ala. 471, 51 South. 870,…
2Cases cited24 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1907
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
19 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Airheart v. GreenSupreme Court of Alabama · 1958
- Willingham v. StateSupreme Court of Alabama · 1954
- Birmingham Electric Co. v. HowardSupreme Court of Alabama · 1948
- Jesco, Inc. v. ShannonMississippi Supreme Court · 1984
- Woods v. NicholsMississippi Supreme Court · 1982
22 more not listed; retrieve them via the Exa API.