Briggs v. Tennessee C. I. & R. R.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Millage Briggs against the Tennessee Coal, Iron & Railroad Company. Judgment for plaintiff, and defendant appeals. The damages are alleged to have been caused by slipping through a trestle, -and the negligence is alleged to be a defect in the ways, works, etc.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Millage Briggs against the Tennessee Coal, Iron & Railroad Company. Judgment for plaintiff, and defendant appeals. The damages are alleged to have been caused by slipping through a trestle, -and the negligence is alleged to be a defect in the ways, works, etc. The second count alleges the injuries to have been caused by a negligent order, to which plaintiff was bound to conform, and to which he did conform. Plea 2 is as follows; Plaintiff knew of the defect or negligence complained of, and of the danger arising…
1Opinion of the CourtSimpson, J.
— This action was brought by the appellant against the appellee for damages resulting from an injury received by plaintiff as employe of defendant. There is no bill of exceptions; the appeal being on rulings of the court in regard to pleadings.
The first assignment of error is that the court erred in overruling the demurrer to plea 2, as an answer to count 1 of the complaint. The insistence of the appel*239lant is that said plea fails to state that the plaintiff “voluntarily” remained in the service, etc. This cause of action arose before the adoption of the present Code. We hold that the…
2Cases cited3 opinions
- Bernhardt v. CurtisSupreme Court of Louisiana · 1902
- Alabama Great Southern Railroad v. BrooksSupreme Court of Alabama · 1902
- Alabama Steel & Wire Co. v. WrennSupreme Court of Alabama · 1902
3Cited by8 opinions
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Louisville & Nashville R. R. v. HandleySupreme Court of Alabama · 1911
- Pratt Consolidated Coal Co. v. DavidsonSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. SharpSupreme Court of Alabama · 1911
- Standard Steel Co. v. CliftonSupreme Court of Alabama · 1915
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