Johnson v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake. This was an action.brought by the appellant, as the administratrix of the estate of A. W. Johnson, deceased, against the Louisville & , Nashville Railroad Company and the South & North Alabama Railroad Company; and sought to recover damages for the alleged negligent killing of the plaintiff’s intestate. The defendants pleaded the general issue, and also the following special plea: “2d.
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Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake. This was an action.brought by the appellant, as the administratrix of the estate of A. W. Johnson, deceased, against the Louisville & , Nashville Railroad Company and the South & North Alabama Railroad Company; and sought to recover damages for the alleged negligent killing of the plaintiff’s intestate. The defendants pleaded the general issue, and also the following special plea: “2d. That the injuries to plaintiff’s intestate now complained of, if any he received, would not have occurred but for his faults or…
1Opinion of the CourtColeman, J.
The plaintiff as administratrix, sued to recover damages for the killing of intestate, alleged to have been .caused by the wrongful negligence of the defendant. The defendant pleaded the general issue, and as a second plea the contributory negligence of the deceased. The plea of contributory negligence was de*245fective in the respect pointed out in the demurrer. It was too general, and the court erred in overruling a demurrer to this plea. — Term. Coal, Iron & R. R. Co. v. Herndon, 100 Ala. 451. We can not presume that if the facts relied upon to sustain this plea had been stated, that plaintiff…
2Cases cited3 opinions
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Columbus & Western Railway Co. v. WoodSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. JohnsonSupreme Court of Alabama · 1890
3Cited by20 opinions
- Pence v. KetchumSupreme Court of Louisiana · 1976
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Russell v. BushSupreme Court of Alabama · 1916
- Paris & Great Northern Railroad v. RobinsonTexas Supreme Court · 1911
- L. & N. R. R. v. Johnson Admx.Supreme Court of Alabama · 1895
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