Montgomery & Eufaula Railway Co. v. Chambers & Abercrombie
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the Montgomery and Eufaula Bailway Company, a domestic corporation, against Chambers & Abercrombie as partners, and the Montgomery Gas-Light Company, a private corporation, to recover damages'on account of injuries to a train of cars belonging to plaintiff, caused by a collision with several empty cars standing on a side-track, and alleged to have been caused by the…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the Montgomery and Eufaula Bailway Company, a domestic corporation, against Chambers & Abercrombie as partners, and the Montgomery Gas-Light Company, a private corporation, to recover damages'on account of injuries to a train of cars belonging to plaintiff, caused by a collision with several empty cars standing on a side-track, and alleged to have been caused by the negligence of the defendants’ servants in leaving the empty ears standing at the place. The injury occurred on the 10th…
1Opinion of the CourtStone, C. J.
In Thompson v. Duncan, 76 Ala. 334, we held that contributory negligence is a defense, the proof of which rests on the defendant. The plaintiff need not anticipate and negative its existence. And if he aver that the injury he complains of was caused by the negligence of the defendant, without any fault or neglect of duty on his part', this does not change the burden of proof as to such contributory negligence. The defendant must still make the proof, unless plaintiff’s testimony proves also that he, plaintiff, by his own negligence, has contributed proximately to the injury.
It is contended…
2Cases cited11 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Waring v. LewisSupreme Court of Alabama · 1875
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Mudge v. TreatSupreme Court of Alabama · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
- City of Montgomery v. WycheSupreme Court of Alabama · 1910
- Winter & Loeb v. PoolSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.