Huggins v. Southern Ry. Co.
Supreme Court of Alabama
Action for Damages for Injury to Employe. Appeal from Bessemer City Court. Heard before Hon. B. C. Jones. Action by Joseph Huggins against the Southern Railway Company. From a judgment in favor of defendant, plaintiff appeals. Reversed and remanded. This was an action by appellant, wbo sues under tbe employer’s liability act for damages received while coupling cars in defendant’s yards at Selma. Tbe first count avers a defect in tbe ways, works, plant/ and machinery, etc.
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Action for Damages for Injury to Employe. Appeal from Bessemer City Court. Heard before Hon. B. C. Jones. Action by Joseph Huggins against the Southern Railway Company. From a judgment in favor of defendant, plaintiff appeals. Reversed and remanded. This was an action by appellant, wbo sues under tbe employer’s liability act for damages received while coupling cars in defendant’s yards at Selma. Tbe first count avers a defect in tbe ways, works, plant/ and machinery, etc. Tbe second count avers tbe negligent order of one Porterfield, as superintendent, while in tbe exercise of such…
1Opinion of the CourtAnderson, J.
— Without determining the sufficiency of the sixth plea, it was not subject to the grounds of demurrers assigned. And -what we say applies to the eighth plea also. The ninth plea was good. It charges the plaintiff with going between the cars to do the coupling when it was unnecessary, and that his going between the cars was the proximate cause of his injury. If he could have made the coupling without going between the cars, he should have done so, and should not have adopted a more hazardous or dangerous way to do so.
The demurrer was properly sustained.to the third replication to the eighth…
2Cases cited3 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
- Beavers v. HardieSupreme Court of Alabama · 1877
3Cited by4 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Brenner v. LesherSupreme Court of Pennsylvania · 1938
- Birmingham Ry. L. & P. Co. v. MooreSupreme Court of Alabama · 1909
- Townes v. Dallas Manufacturing Co.Supreme Court of Alabama · 1908