Mobile Light & R. R. v. Baker
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Alfred C. Balter against the Mobile Light & Railroad Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Alfred C. Balter against the Mobile Light & Railroad Company. From a judgment for plaintiff, defendant appeals. The first count is in simple negligence for damages to the property and person of plaintiff while crossing the track of defendant at the intersection of a highway with said track, or in a highway over which said track was operated, and the negligence is alleged to be in the way and manner in which the car was managed. The second count sets out the conditions surrounding the collision, and avers that…
1Opinion of the CourtAnderson, J.
The trial court erred in sustaining the demurrers to the defendant’s pleas 2 and 3 to the third count of tire complaint as amended. This count *495was for simple negligence, and contributory negligence was a good defense to same, and whether the pleas were sufficient, as such, we need not determine, as the second ground of demurrer is the only one which questions the pleas as applicable to the third count, and they were not subject- to the defect therein suggested. The pleas as refiled after amendment of the complaint went to each count thereof. It may be that the plaintiff intended to demur to…
2Cases cited4 opinions
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Chewning v. Ensley Railway Co.Supreme Court of Alabama · 1893
- Birmingham Ry. L. & P. Co. v. BrownSupreme Court of Alabama · 1907
- Little v. LichkoffSupreme Court of Alabama · 1893
3Cited by15 opinions
- Mobile Light R. Co. v. NicholasSupreme Court of Alabama · 1936
- Couch v. HutchersonSupreme Court of Alabama · 1942
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Alabama City G. & A. Ry. Co. v. LumpkinSupreme Court of Alabama · 1915
- Thomas Furnace Co. v. CarrollSupreme Court of Alabama · 1920
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