Legal Opinion

Rogers v. Debardeleben Coal & Iron Co.

Supreme Court of Alabama

Decided July 1, 1892PublishedCited by 13 opinions

Appeal from City Court of Birmingham. Tried before Hon. H. A. Sharpe. This was an action by Eddie Eogers, by his next friend, against the DeBardeleben Coal & Iron Company to recover damages for personal injuries, sustained by him while in tbe service of the defendant.

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Appeal from City Court of Birmingham. Tried before Hon. H. A. Sharpe. This was an action by Eddie Eogers, by his next friend, against the DeBardeleben Coal & Iron Company to recover damages for personal injuries, sustained by him while in tbe service of the defendant. Among other defenses, the defendant plead that after the plaintiff became twenty-one years of age, be received from the defendant, two hundred dollars in full satisfaction of the injuries set forth in the complaint. An exception was taken to the giving of the following-charge at the request of the defendant: “The court charges…

1Opinion of the CourtHaralson, J.

— 1. When one claiming to be a minor, is injured by the alleged negligence of a railroad company, and, afterwards, brings his suit against the company,, to recover damages for the injury, and the defendant pleads, that before the bringing of the suit, the plaintiff, who was then over the age of twenty-one years, agreed with defendant to accept, and did accept from it, a specified sum in full and complete satisfaction and discharge of all claims held by the plaintiff against the defendant, growing out of the injuries in the complaint alleged, upon which plea, the plaintiff takes issue, — we…

2Cases cited2 opinions

  1. Bain v. StateSupreme Court of Alabama · 1878
  2. White v. StrotherSupreme Court of Alabama · 1847

3Cited by13 opinions

  1. Palmer v. StateSupreme Court of Alabama · 1909
  2. Duncan v. WatsonSupreme Court of Alabama · 1916
  3. Faggard v. FilipowichSupreme Court of Alabama · 1946
  4. Landers v. HayesSupreme Court of Alabama · 1916
  5. Hines v. SeibelsSupreme Court of Alabama · 1920

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