Jones v. Ala. Mineral Railroad
Supreme Court of Alabama
Appeal from the Circuit Court, of .Shelby, Tried before the Hon. LeRoy F. Box, This suit was brought by plaintiff, as the administratrix of the estate of John Jones, deceased, to recover damages for the killing of her intestate, which is alleged to have been caused by the negligence of the defendant.
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Appeal from the Circuit Court, of .Shelby, Tried before the Hon. LeRoy F. Box, This suit was brought by plaintiff, as the administratrix of the estate of John Jones, deceased, to recover damages for the killing of her intestate, which is alleged to have been caused by the negligence of the defendant. The defendant pleaded the general issue, contributory negligence, and the following special plea: “(4) For further answer to said complaint, and to each count thereof, defendant says that plaintiff’s intestate contributed proximately to his own injury and death, in this : That plaintiff’s…
1Opinion of the CourtHead, J.
Plaintiff’s demurrer to the 4th plea, which was overruled, is not set out in the record, and we can not pass upon it. We remark, however, that we can see no objection whatever to the plea.. We are of opinion the facts hypothesized in the first and second charges requested by the plaintiff constituted negligence on the part of the defendant, and excluded contributory negligence on the part of Ihe plaintiff. These charges ought, therefore, to have been given.
Charges 3 and 4 requested by plaintiff iucorrectly define the character of negligence which will overcome contributory negligence, as we…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
3Cited by12 opinions
- State v. BuralliNevada Supreme Court · 1903
- Alabama Chemical Co. v. NilesSupreme Court of Alabama · 1908
- Alabama Mineral Railroad v. JonesSupreme Court of Alabama · 1896
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
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