Alabama City, G. & A. Ry. Co. v. Lee
Supreme Court of Alabama
Appeal from City Court of Gadsden; John H. Disque, Judge. Action by William P. Lee against the Alabama City, Gadsden & Attalla Railway Company for damages for injuries in a collision. From a judgment for plaintiff, defendant appeals. Plaintiff was injured by 'a collision with one of defendant’s cars while passing obliquely across defendant’s street car track which formed part of the surface of a public street in the city of Gadsden.
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Appeal from City Court of Gadsden; John H. Disque, Judge. Action by William P. Lee against the Alabama City, Gadsden & Attalla Railway Company for damages for injuries in a collision. From a judgment for plaintiff, defendant appeals. Plaintiff was injured by 'a collision with one of defendant’s cars while passing obliquely across defendant’s street car track which formed part of the surface of a public street in the city of Gadsden. The case went to the jury on the fourth and fifth counts only. The fourth count charges negligence as follows: And plaintiff avers that his said injuries and…
1Opinion of the CourtSomerville, J.
On the theory that count 4 of the complaint was for subsequent negligence, the trial court sustained demurrers to each of the several pleas of contributory negligence filed in answer thereto. Appellant’s contention is that this was erroneous because count v4 is not in fact a subsequent negligence count; and our attention is called, to quote from the brief:
“To the very obvious distinction between the discovery of plaintiff in a perilous, position [as alleged in the count], and the discovery of or being aware of the perilous position of plaintiff.”
[1] While we confess" to a weakness for the…
2Cases cited6 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Southern Railway Co. v. WilliamsSupreme Court of Alabama · 1896
- Birmingham Railway, Light & Power Co. v. ClemonsSupreme Court of Alabama · 1904
- Birmingham Ry. L. & P. Co. v. RandleSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Montgomery City Lines, Inc. v. DavisSupreme Court of Alabama · 1954
- Mobile & O. R. Co. v. WatsonSupreme Court of Alabama · 1930
- Harris v. StateSupreme Court of Alabama · 1941
- Fortson v. HesterSupreme Court of Alabama · 1949
- George's Restaurant v. DukesSupreme Court of Alabama · 1927
12 more not listed; retrieve them via the Exa API.