Newberry v. Atkinson
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Action by Mattie J. Newberry against H. M. Atkinson and others, as receivers of the A. B. & A. Ry. Co., for damages stiffered while a passenger. Judgment for-defendant and plaintiff appeals. The pleas of contributory negligence were subject to the demurrers interposed. — Dilburn v. L-. & H., 47 South. 211; Huggins v. So. By., 159 Ala. 189; Wes. By. v. Bus-sell, 144 Ala. 150; So.
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Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Action by Mattie J. Newberry against H. M. Atkinson and others, as receivers of the A. B. & A. Ry. Co., for damages stiffered while a passenger. Judgment for-defendant and plaintiff appeals. The pleas of contributory negligence were subject to the demurrers interposed. — Dilburn v. L-. & H., 47 South. 211; Huggins v. So. By., 159 Ala. 189; Wes. By. v. Bus-sell, 144 Ala. 150; So. By. v. Shelton, 136 Ala. 191; 2 Hutchinson on Carriers, 1328. Charges 6, 7, 8 and 14 were improperly given. — L. & N. v. Bizzell, 131 Ala. 437; B. B.…
1Opinion of the CourtDowdell, C. J.
— -This is an action for damage brought by the appellant for alleged personal injuries. The complaint originally contained two counts, to which two others were added by amendment; the first three being for simple negligence, and the fourth for wanton, willful or intentional injury. There were nine pleas; the first two being the general issue, and the remainder setting up contributory negligence — to which latter pleas demurrers were sustained in so' far as they attempted to answer the fourth count. Upon the issues thus framed, there Avas a verdict and judgment rendered in favor of the…
2Cases cited12 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Braham v. StateSupreme Court of Alabama · 1904
- Johnson v. StateSupreme Court of Alabama · 1891
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3Cited by12 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
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- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Sasser v. DixonSupreme Court of Alabama · 1973
- Ex Parte Louisville & N. R. Co.Supreme Court of Alabama · 1919
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