Huggins v. Southern Ry. Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. Williams Jackson. Action, by Joseph Huggins against the Southern Railway Company for personal injuries. From a judgment for defendant, plaintiff appeals. For pleading and facts on former appeal in this case, see Huggins v. Southern Ry.
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Appeal from Bessemer City Court. Heard before Hon. Williams Jackson. Action, by Joseph Huggins against the Southern Railway Company for personal injuries. From a judgment for defendant, plaintiff appeals. For pleading and facts on former appeal in this case, see Huggins v. Southern Ry. Go., 148 Ala. 153, 41 South. 856. The second plea is as follows: “Plaintiff himself was guilty of negligence, which proximately contributed to cause his injury, in that he’negligently allowed his hand or arm to be caught between the dead block or other appliances on the end of said car while the same was being…
1Opinion of the CourtAnderson, J.
As the record shows that all of the appellant’s demurrers to the defendant’s special pleas, upon which there was a ruling, were sustained, except as to pleas 2, 10, and 11, we shall only consider the demurrers to these pleas, notwithstanding counsel in their brief argue the case as if their demurrers were overruled as to other pleas.
The trial court erred in not sustaining the demurrer to the second plea. It failed to set up the facts consti*193tuting contributory negligence, and was subject to the second ground of demurrer on page 17 of the record.
While we do not wish to be understood as holding…
2Cases cited1 opinion
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
3Cited by3 opinions
- Welch v. FochtSupreme Court of Oklahoma · 1918
- Jordan v. Ala. C. G. & A. Ry. Co.Supreme Court of Alabama · 1912
- Carter v. Tenn. C. I. & R. R. Co.Supreme Court of Alabama · 1913