Osborne v. Alabama Steel & Wire Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This was an action by Helen Osborne as administra-trix of the estate of Arthur E. Osborne, deceased, against the Alabama Steel & Wire Company to recover damages for negligently causing the death of plaintiff’s intestate. The complaint was in six' counts.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This was an action by Helen Osborne as administra-trix of the estate of Arthur E. Osborne, deceased, against the Alabama Steel & Wire Company to recover damages for negligently causing the death of plaintiff’s intestate. The complaint was in six' counts. The first count attributed the death to a déféctive condition of defendant’s premises, in that its waterway was not sufficiently covered to make its said premises safe. Counts 2, 3, 4 and 5 attributed the injuries and death to the negligence of certain employes…
1Opinion of the CourtSharpe, J.
To withstand an appropriate demurrer, a plea of contributory negligence must go beyond averring negligence as a conclusion and must aver a state of facts to which the law attaches that conclusion.—Tenn. Coal, etc., Co. v. Herndon, 100 Ala. 451; Louisville & Nashville Railroad Co. v. Markee, 103 Ala. 160. Of the pleas referred to in the assignments of error that numbered 3 conforms to the rule stated, but those numbered 4, 7 and 8, respectively, are fatally defective. The averments of plea 4 respecting the danger involved in crossing the waterway wherein plaintiff’s intestate lost his life are…
2Cases cited11 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Birmingham Railway & Electric Co. v. AllenSupreme Court of Alabama · 1892
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- McGeever v. O'ByrneSupreme Court of Alabama · 1919
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
37 more not listed; retrieve them via the Exa API.