Legal Opinion

Alabama City G. & A. Ry. Co. v. Ventress

Supreme Court of Alabama

Decided January 31, 1911PublishedCited by 8 opinions

Appear from Etowah Circuit Court. Heard before Hob. John W. Inzer. Action by Thomas Ventress against the Alabama City, Gadsden & Attalla, Railway Company. Prom a judgment for plaintiff, defendant appeals. The first count was in simple negligence, with general averment, as was the second and third. The fourth and fifth were in whnton negligence. The pleas of contributory negligence are sufficiently stated in the opinion.

Read the full summary

Appear from Etowah Circuit Court. Heard before Hob. John W. Inzer. Action by Thomas Ventress against the Alabama City, Gadsden & Attalla, Railway Company. Prom a judgment for plaintiff, defendant appeals. The first count was in simple negligence, with general averment, as was the second and third. The fourth and fifth were in whnton negligence. The pleas of contributory negligence are sufficiently stated in the opinion. The facts are that the plaintiff was a passenger on an electric car 'operated by defendant between Attalla and Gadsden, ¿lia., and was standing on the rear platform of said…

1Opinion of the CourtDowdell, C. J.

While the rulings of the trial court on the demurrers to the complaint are assigned as errors, these assignments are not insisted oh in brief of counsel for appellant, and hence will not be considered by us.

The defendant filed 20 pleas to the complaint. The two first were pleas of the general issue, and the remaining ones, special pleas of contributory negligence to the counts in simple negligence. Demurrers were interposed to these special pleas and sustained as to all except those numbered 12, 13, 18, 19, and 20, and upon which latter pleas together with the turn first issue urns joined and…

2Cases cited3 opinions

  1. Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
  2. Birmingham Railway, Light & Power Co. v. BynumSupreme Court of Alabama · 1903
  3. Alabama City, Gadsden & Attalla Railway Co. v. BullardSupreme Court of Alabama · 1908

3Cited by8 opinions

  1. Shelby County v. BakerSupreme Court of Alabama · 1959
  2. Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
  3. Love v. RennieSupreme Court of Alabama · 1950
  4. Southern Railway Co. v. JordanSupreme Court of Alabama · 1915
  5. Huntsville Knitting Mills v. ButnerSupreme Court of Alabama · 1917

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API