Carlisle v. Central of Ga. Ry. Co.
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Action by Mrs. Bennie Mae Carlisle against the Central of Georgia Bailway Company, for damages for injury to her while a passenger. Judgment for defendant and plaintiff appeals.
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Appeal from Coosa Circuit Court. Action by Mrs. Bennie Mae Carlisle against the Central of Georgia Bailway Company, for damages for injury to her while a passenger. Judgment for defendant and plaintiff appeals. Contributory negligence must be specially pleaded. — A. O. 8. v. McWhorter, 156 Ala. 269. A plea of contributory negligence or assumption of risk must state the facts constituting the contributory negligence or the assumption of risk, and if the facts stated do not, as a matter of law, and of themselves, constitute contributory negligence or assumption of risk, then it is necessary to…
1Opinion of the Court
de GRAFFENRIED, J.
— Mrs. Bennie Mae Carlisle brought this suit against the Central of Georgia Railway Company for the recovery of damages which she 'alleges that she received in an injury to her person while she was a passenger on one of the defendant’s trains.
There were three counts to the complaint. The first and third counts charged simple negligence. The second count charged wantonness on the part of the defendants servants or agents.
There were four pleas to the complaint, which pleas were filed as answers to the complaint as a whole and to each count of the complaint separately. Plea 1…
2Cases cited3 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Amer. Cast I. P. Co. v. LandrumSupreme Court of Alabama · 1913
- Central of Ga. Ry. Co. v. CarlisleAlabama Court of Appeals · 1911
3Cited by28 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1950
- Webb v. HardinArizona Supreme Court · 1939
- Hardman v. YounkersWashington Supreme Court · 1942
- Alabama Power Co. v. BryantSupreme Court of Alabama · 1933
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