Louisville & Nashville Railroad v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon James B. Head. This action was brought by William E. Davis against the appellant corporation, to recover damages for personal injuries sustained by him while in the defendant’s service; - and was commenced on the 5thEebruary, 1889. The accident occurred on the 29th June, 1888, when the plaintiff was working on a car which had been put on the repair track, and while he was under the car; another car being run in…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon James B. Head. This action was brought by William E. Davis against the appellant corporation, to recover damages for personal injuries sustained by him while in the defendant’s service; - and was commenced on the 5thEebruary, 1889. The accident occurred on the 29th June, 1888, when the plaintiff was working on a car which had been put on the repair track, and while he was under the car; another car being run in on the track with such force that it struck a stationary car, and drove it down upon the car on which plaintiff was…
1Opinion of the CourtMcCLELLAN, J.
The concession that defendant’s 6th and 7th pleas were well pleaded, and that the demurrers to them were not well taken, and should not have been sustained, will not avail the appellant. It is quite manifest that the defendant had the full benefit of the matters thus specially pleaded under the general issue, which was also pleaded; and this being the case, the error, if any, in sustaining demurrers to the plea, will not operate a reversal of the judgment.—Phœnix Ins. Co. v. Copeland, 86 Ala. 561; Manning v. Maroney, 87 Ala. 563; L. & N. R. R. Co. v. Hall, Ib. 708; Wadsworth v. Hodges, 88…
2Cases cited5 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Gothard v. Alabama Great Southern R. R.Supreme Court of Alabama · 1880
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
- Manning v. MaroneySupreme Court of Alabama · 1888
3Cited by30 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Louisville & N. R. R. v. WilliamsSupreme Court of Alabama · 1913
- International & Great Northern Railroad v. JohnsonCourt of Appeals of Texas · 1900
- Birmingham Rolling Mill Co. v. RockholdSupreme Court of Alabama · 1904
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