Kansas City, Memphis & Birmingham Railroad v. Crocker
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. ShaRPE. This action was brought by Samuel C. Crocker, a minor, suing by his next friend, against the appellant railroad company, to recover damages for personal injuries sustained by plaintiff while in defendant’s service, and which were alleged to have been caused by the negligence of the foreman under whom he was working as a section-hand.
Read the full summary
Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. ShaRPE. This action was brought by Samuel C. Crocker, a minor, suing by his next friend, against the appellant railroad company, to recover damages for personal injuries sustained by plaintiff while in defendant’s service, and which were alleged to have been caused by the negligence of the foreman under whom he was working as a section-hand. The injuries were received on the 7th January, 1890, and resulted in the amputation of one of the plaintiff’s legs. The action was commenced on the 24th May, 1890. The complaint…
1Opinion
(In response to application for re-hearing.)
WALKBB, J.
It is insisted in the application for a rehearing that the defense of contributory negligence could be made under the general issue. The scope of that plea is prescribed by the statute. It puts in issue “all the material allegations of the complaint.” — Code of 1886, § 2675. Of this statutory plea it was said in Petty v. Dill, 53 Ala. 645: “ It cast on the plaintiffs the onus of proving every material allegation of the complaint; it limited the defense to evidence in disproof of them. No matter in avoidance of the *428allegations of tbe…
2Cases cited24 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Carter v. ChambersSupreme Court of Alabama · 1885
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
19 more not listed; retrieve them via the Exa API.