Richmond & Danville Railroad v. Hissong
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. S. H. Spbott. This action was brought by John S. Hissong, against the Richmond & Danville Railroad Co. to recover damages for personal injuries sustained while in its employment, by which plaintiff lost a leg. There was judgment for $9,314.40 for plaintiff.
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Appeal from Jefferson Circuit Court. Tried before Hon. S. H. Spbott. This action was brought by John S. Hissong, against the Richmond & Danville Railroad Co. to recover damages for personal injuries sustained while in its employment, by which plaintiff lost a leg. There was judgment for $9,314.40 for plaintiff. The facts are substantially the same as set forth in the opinion of the former appeal, 91 Ala. 514. “The court, in its charge to the jury, read as part thereof a portion of the court’s opinion in the former appeal, and to the reading of this portion of the opinion, the defendant duly…
1Opinion of the CourtHabalson, J.
— The defendant interposed the defense of contributory negligence, by a special plea, to which the plaintiff demurred, on the ground, that this defense was available under the general issue, which had been pleaded. The court sustained the demurrer. This ruling was erroneous. — Kansas City M. & B. R. R. Co. v. Crocker, 95 Ala. 412.
But, in this case, that was error without injury, since the parties tried the question of contributory negligence, on the part of the plaintiff, and of wanton, reckless or intentional negligence, on the part of defendant, as though appropriate pleadings for the trial…
2Cases cited15 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Barlow v. LambertSupreme Court of Alabama · 1856
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
- Alabama Great Southern Railroad v. RoachSupreme Court of Alabama · 1895
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1895
- Tubb v. Liverpool & London & Globe InsuranceSupreme Court of Alabama · 1894
5 more not listed; retrieve them via the Exa API.