Montgomery & Eufaula Railway Co. v. Mallette
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the appellee, C. P. Mallette, against the appellant railroad corporation; and sought to recover damages for injuries alleged to have been sustained and suffered by the plaintiff on account of the negligence of the defendant’s servants and emplovés. The complaint contained three counts.
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Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the appellee, C. P. Mallette, against the appellant railroad corporation; and sought to recover damages for injuries alleged to have been sustained and suffered by the plaintiff on account of the negligence of the defendant’s servants and emplovés. The complaint contained three counts. Each of them claimed damages for injuries sustained by the plaintiff, while a passenger upon the railroad of defendant, and resulting from the negligence of the defendant, its servants or employés. The…
1Opinion of the CourtMcCLELLAN, J.
It was, of course, competent to prove by experts, for the purpose of rebutting the idea that the injury to plaintiff’s arm was of a permanent nature, and thus reducing the damages to be assessed by the jury, that what appeared to be a continuing disability could be entirely relieved by a surgical operation; but whether the expert witness, who testified that the operation he described would probably, but not certainly, result in a cure, but that it would be attended with some danger to life and intense pain, would himself, if similarly afflicted, submit to the operation, was a matter entirely…
2Cases cited8 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Railroad Company v. PollardSupreme Court of the United States · 1875
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Louisville, New Albany & Chicago Railway Co. v. SnyderIndiana Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Whiddon v. MaloneSupreme Court of Alabama · 1929
42 more not listed; retrieve them via the Exa API.