Jordan v. Ala. C. G. & A. Ry. Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disqtje. Action by S. E. Jordan against tbe Alabama City, Gadsden & Attalla Railway Company. Judgment for defendant, and plaintiff: appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disqtje. Action by S. E. Jordan against tbe Alabama City, Gadsden & Attalla Railway Company. Judgment for defendant, and plaintiff: appeals. Tbe following are tbe pleas referred to in tbe opinion: (3) “Contributory negligence, wbicli proximately contributed to bis injuries, in that, while defendant’s electric car was approaching plaintiff, who was driving tbe said horse and buggy, plaintiff negligently jerked bis horse, causing it to back tbe buggy immediately in front of defendant’s moving car, or negligently so managed or controlled…
1Opinion of the Court
M;cCLELLAN, J.
-Action for damages resulting from the collision of a street car and the buggy in which plaintiff (appellant) was when injured. The complaint contained two counts; the first charging, in general terms, simple negligence, and the second, wanton or willful injury.
The report of the appeal will contain special pleas 3, 4, and 5, addressed to the first count which purported to set up contributory negligence. Plea 3 was subject to ground 4 of the demurrer. This plea is no stronger than its weakest alternative (Osborne v. Ala. S. & W. Co., 135 Ala. 571, 33 South. 687), viz., ”or negli*296ge…
2Cases cited11 opinions
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Western Ry. v. RussellSupreme Court of Alabama · 1905
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Shanan v. BrownSupreme Court of Alabama · 1913
- Harrison v. Mobile Light R. Co.Supreme Court of Alabama · 1936
- Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
7 more not listed; retrieve them via the Exa API.