Legal Opinion

Alabama Great Southern R. v. Ensley Transfer & Supply Co.

Supreme Court of Alabama

Decided May 15, 1924No. 6 Div. 987PublishedCited by 27 opinions

1Opinion of the CourtSomerville, J.

American courts are practically unanimous in holding that—

“Evidence of changes or repairs made subsequently to the injury, or as to precautions taken subsequently to prevent recurrence of injury, is not admissible as showing negligence or as amounting to an admission of negligence.” 29 Cyc: 616; L. & N. R. R. Co. v. Blalone, 109 Ala. 509, 20 South. 33; Going v. Ala. S. & W. Co., 141 Ala. 537, 551, 37 South. 784; Frier-son v. Frazier, 142 Ala. 232 (5), 37 South. 825.

The offer by plaintiff’s counsel to show that the small freighthouse — referred to by witnesses as standing near the intersection…

2Cases cited10 opinions

  1. New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
  2. Watson v. AdamsSupreme Court of Alabama · 1914
  3. Wright v. McCordSupreme Court of Alabama · 1920
  4. Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1895
  5. Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904

5 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Birmingham Baptist Hospital, Inc. v. BlackwellSupreme Court of Alabama · 1930
  2. Mi-Lady Cleaners v. McDanielSupreme Court of Alabama · 1938
  3. Parrish v. . R. R.Supreme Court of North Carolina · 1942
  4. Austin v. Tennessee Biscuit Co.Supreme Court of Alabama · 1951
  5. Meece v. Holland Furnace Co.Appellate Court of Illinois · 1933

22 more not listed; retrieve them via the Exa API.

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