Stringer v. Alabama Mineral Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before tbe Hon. Leboy E. Bos. Tbe appellant, E. G. Stringer, brought tbe present action against tbe Alabama Mineral Eailroad Company and tbe Louisville & Nashville Eailroad Company, and sought to recover for personal injuries sustained by him, in being thrown from tbe track by an engine, which was running upon tbe Alabama Mineral Eailroad track.
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Appeal from the Circuit Court of Talladega. Tried before tbe Hon. Leboy E. Bos. Tbe appellant, E. G. Stringer, brought tbe present action against tbe Alabama Mineral Eailroad Company and tbe Louisville & Nashville Eailroad Company, and sought to recover for personal injuries sustained by him, in being thrown from tbe track by an engine, which was running upon tbe Alabama Mineral Eailroad track. Tbe Alabama Mineral Eailroad Company was a branch of tbe Louisville & Nashville Eailroad Company’s sytem. Tbe accident occurred in tbe city of Talladega, on Coffee Street. Tbe city bad authorized tbe…
1Opinion of the CourtColeman, J.
The action is in case to recover damages for personal injuries. There are two counts in the complaint, the first averring simple negligence as the cause of the injury, and the second, that it was caused “by the gross carelessness, wantonness or recklessness,” of the defendant. The first plea of the defendant presented the general issue of “not guilty.” The second plea, that of contributory negligence on the part of plaintiff. No question is reserved as to the sufficiency or irregularity of any of the pleadings.
No recovery could be had upon the second count, except upon proof that defendant…
2Cases cited10 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Chicago, Rock Island & Pacific Railway Co. v. HamlerIllinois Supreme Court · 1905
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
28 more not listed; retrieve them via the Exa API.