Mobile & Montgomery Railway Co. v. Crenshaw
Supreme Court of Alabama
Appear from tbe Circuit Court of Butler. Tried before tbe Hon. John K Henry. This action was brought bj Joseph J. Crenshaw, an infant, suing by next frien'd, to recover damages for personal injuries, alleged to have been caused by the negligence and carelessness of the defendant’s servants in charge of a train of cars ; and was commenced on the 20th September, 1875. The first count of the complaint claimed $20,000, “ as damages for injuries to the person of plaintiff,…
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Appear from tbe Circuit Court of Butler. Tried before tbe Hon. John K Henry. This action was brought bj Joseph J. Crenshaw, an infant, suing by next frien'd, to recover damages for personal injuries, alleged to have been caused by the negligence and carelessness of the defendant’s servants in charge of a train of cars ; and was commenced on the 20th September, 1875. The first count of the complaint claimed $20,000, “ as damages for injuries to the person of plaintiff, resulting from tbe negligence, carelessness and unskillfulness of the servants and employes of the defendant, as follows : For…
1Opinion of the Court
SOMERYILLE, -J.
— It has been settled by this court, and the proposition is otherwise well supported by authority, that “ contributory negligence ” is regarded as a defense which must be sustained by satisfactory evidence ; and the absence of reasonable care and caution on the plaintiff’s part need not be averred by him in the declaration or complaint, nor proved by him in the firs'! instance. — Railroad Co. v. Shearer, 58 Ala. 672; Gov. St. Railroad v. Hanlon, 53 Ala. 70; Railroad v. Gladmon, 15 Wallace, 401; Hoyt v. Hudson, 41 Wis. 105 (22 Amer. Rep. 714).
2. The averment of negligence in the…
2Cases cited10 opinions
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Hoyt v. City of HudsonWisconsin Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
18 more not listed; retrieve them via the Exa API.