Harrison v. Alabama Midland Ry. Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. H. Sayre. This is an action by appellant to recover of appellee damages for personal injuries sustained while in its employ alleging defects in the1 ways, works, machinery and plant of the defendant. The injuries happened to plaintiff in a wreck of a passenger train on which he was an employe at or near Claybanlc trestle, in Hale county.
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Appeal from Montgomery City Court. Heard before Hon. A. H. Sayre. This is an action by appellant to recover of appellee damages for personal injuries sustained while in its employ alleging defects in the1 ways, works, machinery and plant of the defendant. The injuries happened to plaintiff in a wreck of a passenger train on which he was an employe at or near Claybanlc trestle, in Hale county. The defenses set up, and the court’s action on the pleas demurrers and replications are sufficiently stated in the opinion. The relief or hospital scheme set up as a defense, is in contravention of the…
1Opinion of the CourtHaralson, J.
This action is for the recovery of damages for personal injuries. No objection was raised to the sixth count in the complaint. The defendant filed six pleas. The first was the general issue-, and the third was withdrawn, leaving special pleas, 2, 4, 5 and 6.
A motion was made to strike pleas 5 and 6, but the motion, pleas and the rulings thereon cannot be considered, as they are not set out in the bill of exceptions. — Cottingham v. Greely Barnham Grocery Co., 129 Ala. 200, 30 South. 560, 87 Am. St. Rep. 58.
Demurrers were interposed to pleas 3 and 4 as originally filed. Each plea was…
2Cases cited22 opinions
- Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- Spitze v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1892
- Commonwealth v. Equitable Beneficial Ass'nSupreme Court of Pennsylvania · 1890
- Barnett v. StantonSupreme Court of Alabama · 1841
17 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Betts v. WardSupreme Court of Alabama · 1916
- Gayle v. PenningtonSupreme Court of Alabama · 1914
23 more not listed; retrieve them via the Exa API.