10 So. 280 (Ala. 1891), East Tennessee, V. & G. Ry. Co. v. Thompson

Citation:10 So. 280, 94 Ala. 636
Opinion Judge:CLOPTON, J.
Party Name:EAST TENNESSEE, V. & G. RY. CO. v. THOMPSON.
Attorney:Pettus & Pettus, for appellant. Linton A. Dean, for appellee.
Case Date:November 26, 1891
Court:Supreme Court of Alabama
 
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Page 280

10 So. 280 (Ala. 1891)

94 Ala. 636

EAST TENNESSEE, V. & G. RY. CO.

v.

THOMPSON.

Supreme Court of Alabama

November 26, 1891

Appeal from circuit court, Shelby county; LE ROY F. BOX, Judge.

Action by Mary Thompson, administratrix, against the East Tennessee, Virginia & Georgia Railway Company to recover damages for the alleged negligent killing of plaintiff's husband. The witness Robinson, mentioned in the opinion, was the conductor of the train on which deceased was at work when the accident occurred. Verdict and judgment for plaintiff. Defendant appeals. Affirmed.

The court, at plaintiff's request, gave the following charge: "If a person standing on a moving freight-car should be struck by a supply-pipe and knocked from the car, while the tendency would be for the man to fall near the pipe, yet you are to consider other natural laws, such as the forward motion of the body of the man on the train if the train was in motion, and all other natural laws that may enter in and control the motion of the man's body after he was so struck." The following written charges, requested by defendant, were refused: "If the jury believe from the evidence that the pipe to the tank had stood as it was for a number of years, this is a circumstance at which the jury may look in determining whether or not that pipe was safe, if they believe, further, that trains had passed by each day, and no one had been theretofore injured by said pipe." "(9) If the jury believe the evidence, they ought not to find a verdict for the plaintiff." "(13) If the jury believe the evidence, they must find for the defendant. (14) The supply-pipe of a water-tank is not a part of the ways, works, machinery, or plant of a railroad company." "( k) If the jury believe from the evidence that the supply-pipe to the water-tank had been in the same position for a number of years, and trains had passed there each day during all the time, and no one had been injured at that point, this is a circumstance tending to show that the construction of said pipe was not dangerous." "( z) The fact, if it be a fact, that the supply-pipe to the water-tank at Montevallo, in the same relative position to the defendant's railroad track in which it was at the time said Anderson Thompson was killed, has been safely used for a number of years, is a circumstance at which the jury may look in determining whether or not the negligence of Anderson...

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