Richmond & Danville Railroad v. Free
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before Hon. H. A. Sharpe. Action by Tobe Free against tbe Richmond & Danville Railroad Company, for personal injuries alleged to bave been caused by its negligence. Tbe complaint contained two counts, the first alleging tbat tbe injury was caused by defective draw-beads, in the cars; tbe second on wbicb trial was bad, alleging tbat tbe injury was caused by tbe negligence of tbe engineer in charge of tbe engine of defendant.
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Appeal from City Court of Birmingham. Tried before Hon. H. A. Sharpe. Action by Tobe Free against tbe Richmond & Danville Railroad Company, for personal injuries alleged to bave been caused by its negligence. Tbe complaint contained two counts, the first alleging tbat tbe injury was caused by defective draw-beads, in the cars; tbe second on wbicb trial was bad, alleging tbat tbe injury was caused by tbe negligence of tbe engineer in charge of tbe engine of defendant. The facts appear in tbe opinion. contended tbat tbe general charge should bave been given, citing Cooley on Torts, 70; B. B. v.…
1Opinion of the CourtHaralson, J.
— There are two counts in tbe complaint, but tbe trial was bad under tbe second.
Tbe defendant pleaded tbe general issue, of not guilty, and a plea of contributory negligence, on tbe part of tbe plaintiff. On these, tbe plaintiff took issue.
It becomes necessary, in view of tbe charges refused and given by tbe court, to review tbe evidence introduced.
It may be stated, as beyond tbe pale of controversy, tbat there was a rule of tbe company, with wbicb tbe plaintiff was familiar, wbicb prohibited brakeman from coupling and uncoupling cars, except with a stick, and from going in be- *232• tween them,…
2Cited by2 opinions
- Southern Railway Co. v. ArnoldSupreme Court of Alabama · 1896
- Sanders v. McGheeSupreme Court of Alabama · 1896