Legal Opinion

Bridges v. Tennessee Coal, Iron & Railroad

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 16 opinions

Appeal from the City Court of Birmingham. Tried before the Hon. Wm. W. Wilkerson. The opinion states the nature of the case.

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Appeal from the City Court of Birmingham. Tried before the Hon. Wm. W. Wilkerson. The opinion states the nature of the case. To the ninth, tenth, and eleventh special pleas, the substance of which is stated in the opinion, the plaintiff filed the following replications : “ (1) After the complaints by plaintiff’s intestate had been made to defendant, through its agent, as to the alleged defects in the engine, the defendant caused said engine to be sent to its repair shops, to-wit, the Linn Iron Works, and there caused it to be worked on and repaired, and to remain in said shop for the space…

1Opinion of the Court

COLEMAN, J,

The action was instituted under the *292Employer’s Liability Act (Section 2590 of the Code of 1886), by appellant, to recover damages resulting from the death of plaintiff’s intestate, who at the time of the injury was an engineer in the employment of defendant. The complaint contains four counts, the first three of which are framed under subdivision one of Section 2590, and the negligence averred in these counts consisted in a defective locomotive and boiler. The fourth count was framed in part under the third subdivision, and in'part under subdivision one, supra. This count avers…

2Cases cited3 opinions

  1. Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
  2. Eureka Co. v. BassSupreme Court of Alabama · 1886
  3. Birmingham Railway & Electric Co. v. AllenSupreme Court of Alabama · 1892

3Cited by16 opinions

  1. Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
  2. Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
  3. Louisville & Nashville R. R. v. LileSupreme Court of Alabama · 1908
  4. West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
  5. Alabama G. S. R. R. v. FlinnSupreme Court of Alabama · 1917

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