Richmond & Danville Railroad v. Farmer
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before Hon. W. W. Wilkerson. The complaint in this case contained but a single count and charged negligence in the defendant in permitting its engines to pass over a certain trestle — negligence in permitting such engines to be out of repair in not having proper appliances to stop them, and also in permitting its track on said trestle to be out of repair.
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Appeal from the City Court of Birmingham. Tried before Hon. W. W. Wilkerson. The complaint in this case contained but a single count and charged negligence in the defendant in permitting its engines to pass over a certain trestle — negligence in permitting such engines to be out of repair in not having proper appliances to stop them, and also in permitting its track on said trestle to be out of repair. The court gave the following charge at the request of the plaintiff: “A man under sudden excitement or peril is only required to exercise such care for his own safety as an ordinary prudent man…
1Opinion of the CourtColeman, J.
— The action was brought by appellee to recover damages for- personal injuries alleged to have been caused by the negligence of appellant-. The record contains but one plea to the complaint, and that is the general issue “not guilty.” It is evident from the character of the evidence introduced without objection, from portions of the charge given ex mero motu by the court, to which there was no exception, and from the charges given at the request of *143both the plaintiff and defendant that the question of contributory negligence was an issue in the case and tried under the general issue of “not…
2Cases cited8 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Montgomery & Eufaula Railroad v. StewartSupreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Hardeman v. WilliamsSupreme Court of Alabama · 1907
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
43 more not listed; retrieve them via the Exa API.