Evans v. Alabama-Georgia Syrup Co.
Supreme Court of Alabama
Appeal from'Montgomery City Court. Heard before Hon. William H. Ti-iomas. Action by L. B. Evans against the Alabama-Georgia Syrup Company for damages for personal injuries. From a judgment for defendant, overruling demurrers to pleas, plaintiff appeals.
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Appeal from'Montgomery City Court. Heard before Hon. William H. Ti-iomas. Action by L. B. Evans against the Alabama-Georgia Syrup Company for damages for personal injuries. From a judgment for defendant, overruling demurrers to pleas, plaintiff appeals. The following pleas are referred to in the amendment : Plea 2: “For further answer to the complaint, and separately and severally to each count thereof, this defendant says that the plaintiff proximately contributed to the injury of which he complains, in that Avhile in said building he negligently or carelessly stepped into the alleged hole…
1Opinion of the CourtSayre, J.
All the Judges, except myself, concur in the opinion that the second plea was bad as being a mere conclusion of the pleader, and that the judgment ought to be reversed for error in overruling the demurrer to that plea. They cite T. C. I. Co. v. Herndon, 100 Ala. 451, 14 South. 287; Osborne v. Ala.. S. & W. Co., 135 Ala. 571, 33 South. 687; So. Ry. v. Shelton, 136 Ala. 191, 34 South. 194; So. Ry. v. Hundley, 151 Ala. 378, 44 South. 195. I dissent. In my judgment the pleas numbered 3 and 4 are no better in any respect than plea 2, *88and they all alike submitted to the jury a perfectly…
2Cases cited6 opinions
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Lord v. City of MobileSupreme Court of Alabama · 1896
- West v. ThomasSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- City of Birmingham v. MullerSupreme Court of Alabama · 1916
- Nashville, C. & St. L. Ry. v. BlackwellSupreme Court of Alabama · 1918
- Pensacola St. A. & Gulf S. S. Co. v. BrooksAlabama Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.