The Montgomery advertiser., 1903-08-14
Head Notes Qf Me Decisions
 Of Alabama Supreme Court,

1AtA%Sk WntCH tS ODfAOuEt nG iHiPtASAAy 8E~ surles the risk involved in its execution. butiit does not follow that he is guilty of negligence in working merely because he knows the work to be dangerous with out regard to the degrees or danger and risk involved. nor unless 1t be of degree which would ordinarily deter one of ordi- nary prudence from the work"
 Il. Same: same.-In such a case a charge is erroneous and properly refused which instructs the jury that If after fair consideration of all the evidence in this case any individual juror Is not reasonably satisfied that the plaintiff did not contribute proximately to his injury, the plaintiff cannot recover
 F. Same; same.-In such a case 8 charge is erroneous and properly refused which instructs the jury that gs''if the jury believe from the evidence that plaintiff on two or three occasions before receiving his injury had assisted in hoist ing or turnnig a nail-bed machine similar to the nail-bed machine at which he was working at the time of the injury and on such several occasions it required as many as six or eight men to do said work, then in such event plaintiff in attempting to : do said work with himself and the three others, assumed all risk of injury
 Reversed and remanded. Opinion by Haralson, J.
 GALLOWAY EFT. AL. V. DOE. FIX DEM. HENDERSON EFT AL.
 Action of ejectment. Appeal from the City Court of Gadsden. l. Acts of Congress. granting public land in aid of railroads; how construed In construing acts of Congress, granting public lands in aid of the construction of railroads. when, by the same statute, 1ar nEnI ox.k~ %... x of different railroads, neither priority of location, nor priority of construction. gives priority of right; but where two or more railroads, legally located in pur- suance of the act, cross each other, or approach each other 50 nearly that the | limits of the primary grant for the ben efit of each overlap. the grant Is of equal undivided shares for the benefit of each road
 2. Same; acceptance of grant by State A State. by the acceptance of a grant by Congress of public lands in aid oi the construction of railroads. becomes the trustee of the United States, and al such its application ana power of dis position of the lands is limited to the purposes expressed in the act creatine | the trust.
 3. Act of Congress of June 8, 1856 granting public land in aid of railroads act of Alabama of Jan. 20, 1S5S accept ing grant; statute of Iimitations-Undel the act of Congress of Sune 3, 1856, grant ing public lands in alternate sections t, the State of Alabama 10 aid in the con struction of certain railroads in sait State," and the acceptance of the term and conditions thereof by the State b, act approved Jan.. 20, 1858 (acts Ala. 1859 60. p. B. the statute Of limitations di, not and could not commence to run as t, lands granted to the Tennessee an, Coosa Railroad Company until the com pletfon of that road. < Same; statute of Limitations as af fecting Immigrants from United States The bounty of the United States govern ment. in the granting of public lands cannot be run against or defeated by tn statute of limitations before it reache T the hand of the beneficiary
 b. Adverse holding of land for stat1, tory period; presumptyon--The effect Q the statute of limitations, or of adyers notoing of land for the statutory period Is that at the end of the period fixed b, the statute a grant is presumed to in adverse holder from the true owner.
 D. Grant of lands to Tennessee am Coosa Railroad Company; adjustment lis as evidence-An adjustment list, certtfie
 70 py the commissioner of the genera land office. showing certain lands a sranted 10 Coosa and Tennessee Railroa
 IS admissible in evidence, where the titl
 70 lands granted by act of Congress t
 the State of Alabama to aid in the con struction of the Tennessee and Coos
 Railroad Company is in issue.
 l.. Common law ejectment; dennis counted upon must be subsequent to rigb or entry to authorize recovery-In
 common law action Of eJectrNent, thougi
 the demise is fiction. the plaintiff mus
 count on one which, 1T real would sun port his action, and to recover. -the da
 on which the demise is alleged to hay
 been made must be subsequent to th
 ume when the claimants right of entr accrued; and, therefore, Tn such actio
 IT the demise counted upon is stated f
 have been anterior to the accrual of th
 1gnt or entry. the plaintiff must neces
 sarily fail in the maintenance of the sui, Affirmed
 Opinion by Hararson. T.