Central of Georgia Railway Co. v. Freeman
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. A. A. Coleman. This action was brought by tbe appellee, R. A. S. Freeman, against tbe Central of Georgia Railway Company, to recover damages for personal injuries; tbe plaintiff claiming $20,000. Tbe facts of tbe case necessary to an understanding of tbe decision on tbe present appeal are sufficiently stated in tbe opinion.
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Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. A. A. Coleman. This action was brought by tbe appellee, R. A. S. Freeman, against tbe Central of Georgia Railway Company, to recover damages for personal injuries; tbe plaintiff claiming $20,000. Tbe facts of tbe case necessary to an understanding of tbe decision on tbe present appeal are sufficiently stated in tbe opinion. There were verdict and judgment for tbe plaintiff, assessing bis damages at |10,000. Tbe defendant appeals, and assigns as error tbe several rulings of tbe trial court, to wbicb exceptions were reserved.…
1Opinion of the CourtSharpe, J.
On October 29, 1898, plaintiff, while attempting to walk across tbe defendant’s railroad track in Alexander City, was run upon and injured by-a locomotive draxving one of defendant’s trains. To recover for tbe injury this suit was commenced on October 19, 1899, by a complaint consisting of five counts. The fourth and fifth of these counts were held bad on a former appeal. — 134 Ala. 354. After remandment of tbe cause, tbe fifth count went out on demurrer and tbe complaint was on October 25th, 1902, amended by tbe addition of tbe sixth count and by striking out part of the fourth.
In neither…
2Cases cited3 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Central of Georgia Railway Co. v. FreemanSupreme Court of Alabama · 1901
3Cited by13 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Sasser v. DixonSupreme Court of Alabama · 1973
- Birmingham Railway Light & Power Co. v. HayesSupreme Court of Alabama · 1907
- Florence Hotel Co. v. BumpasSupreme Court of Alabama · 1915
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