Rome & Decatur Railroad v. Chasteen
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by R. Chasteen against the appellant, a corporation organized under the general statutes, to recover damages for personal injuries sustained by plaintiff while attempting to couple two cars of a train on defendant’s road, which resulted in the loss of two fingers on his left hand.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by R. Chasteen against the appellant, a corporation organized under the general statutes, to recover damages for personal injuries sustained by plaintiff while attempting to couple two cars of a train on defendant’s road, which resulted in the loss of two fingers on his left hand. The injury occurred in June, 1887, and the action was commenced on the 29th August, 1887. Issue was joined on the pleas of not guilty and contributory negligence, and the trial resulted in a verdict for plaintiff…
1Opinion of the CourtClopton, J.
Plaintiff’s right to recover for the personal injuries complained of is based on the alleged negli*593gence of the engineer, while he was attempting to couple cars in obedience to the order of the conductor of the train. At the time of the injury, the train was engaged in transporting iron and cross-ties to be used in the construction of the road of the defendant — the Borne & Decatur Bailroad Company. The main defense is,-that the conductor, engineer, and plaintiff, were not the employees and servants of the company, but were employed and paid by one Callahan, who was engaged in constructing the…
2Cases cited6 opinions
- Cunningham v. International RailroadTexas Supreme Court · 1879
- Railroad Company v. HanningSupreme Court of the United States · 1873
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1877
- Myer v. HobbsSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Alabama Western Railroad v. Talley-Bates Const. Co.Supreme Court of Alabama · 1909
- Harris v. McNamaraSupreme Court of Alabama · 1892
15 more not listed; retrieve them via the Exa API.