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eBook details

• Title: Southern Railway Company v. Millard
• Author : Supreme Court of Alabama
• Release Date : January 06, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

GOODWYN, Justice. This is an appeal by Southern Railway Company, defendant below, from a personal injury judgment in favor
of Millard Stallings, plaintiff below, for $30,000 and from an order overruling defendant's motion for a new trial. The action
is brought under the Federal Employers' Liability Act. 45 U.S.C.A. 51 et seq. Plaintiff was injured on June 14, 1954, while working for the defendant as a boilermaker in its Norris Yards in Jefferson
County. The case went to the jury only on count two as last amended. For answer to the complaint the defendant interposed
a plea in short by consent. Amended Count two alleges that plaintiff 'was caused to slip and fall by reason of an oily and
slippery place on the floor' of the diesel shop where he was working. It is charged that defendant 'negligently failed to
exercise reasonable care to furnish and maintain plaintiff a reasonably safe place to perform his work for the defendant.'
Plaintiff's injuries and damages are alleged to be as follows: 'The bones in plaintiff's right hand were broken and crushed
and the muscles, nerves, tendons and ligaments in his said hand were torn and injured,' which caused great physical pain and
mental anguish to plaintiff; that plaintiff 'was permanently injured'; that 'he will be caused to suffer great physical pain
and mental anguish in the future'; that 'his nerves and nervous system were shocked and impaired and he was caused to be hospitalized
and caused to undergo serious and painful medical and surgical care and treatment for said injuries'; that he 'was caused
to lose wages from his regular employment as a boilermaker and his power and capacity to work and earn money has been permanently
impaired.' While not admitting that defendant's negligence proximately caused plaintiff's injury, the defendant says in brief
that 'the point is not made on this appeal that a jury issue was not presented as to liability or that the verdict as to liability
is against the great weight of the evidence.' The points argued by appellant, and relied on for reversal, are thus stated
in its brief:

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