Cook v. Sheffield Co.
Supreme Court of Alabama
Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Action by Frank Cook against the Sheffield Company for damages for injuries resulting from falling into a ditch. Judgment for the plaintiff, which on motion was set aside, and plaintiff appeals.
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Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Action by Frank Cook against the Sheffield Company for damages for injuries resulting from falling into a ditch. Judgment for the plaintiff, which on motion was set aside, and plaintiff appeals. Count 16, referred to in the opinion, is as follows: (16) The plaintiff claims of the defendant the sum of $30)000 damages, in this: That the defendant through or by its agents dug a ditch in or along its track on Court street at the intersection of Tombigbee street in the city of Florence, Ala., and did negligently leave said ditch…
1Opinion of the CourtAnderson, C. J.
[1] It is unquestionably the law that, while negligence may be charged in general terms, facts must be averred sufficient to bring the plaintiff within the protection of the negligence charged; that is, must establish a duty owing by the defendant to the plaintiff to do or not to do the thing complained of as the proximate cause of the injury. For instance, if the plaintiff charges a railroad with negligently injuring him while upon its track, the complaint must bring him within the protection of the negligence charged by negativing the tact that he was a trespasser, or, if he sues for…
2Cases cited3 opinions
- Best Park & Amusement Co. v. RollinsSupreme Court of Alabama · 1915
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Choate v. Alabama Great Southern R. R.Supreme Court of Alabama · 1911
3Cited by27 opinions
- Jawad v. GranadeSupreme Court of Alabama · 1986
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- McLemore v. INTERNATIONAL UNION, ETC.Supreme Court of Alabama · 1956
- W. M. Templeton & Son v. DavidSupreme Court of Alabama · 1937
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