Legal Opinion

Southern Railway Co. v. Hubbard

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 6 opinions

Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action to recover damages for personal injuries, brought by the appellee, Joe Hubbard, against the appellant, the Southern Railway Company. The appeal is from a judgment in favor of the plaintiff. The facts pertaining to the only question reviewed on the present appeal, are sufficiently set forth in the opinion.

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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action to recover damages for personal injuries, brought by the appellee, Joe Hubbard, against the appellant, the Southern Railway Company. The appeal is from a judgment in favor of the plaintiff. The facts pertaining to the only question reviewed on the present appeal, are sufficiently set forth in the opinion. The defendant’s only purpose was to offer proof of previous contradictory statements made by the plaintiff, the witness then being examined. The entire deposition was not needed for such purpose,…

1Opinion of the CourtColeman, J.

The action is in case, and brought to recover damages for personal injuries. Only one assignment of error is insisted upon in the brief and argument of counsel for appellant. The defendant, the appellant here, filed interrogatories to the plaintiff under the provisions of section 2816 of the Code of 1886. By section 2818, the answers to these interrogatories are made evidence in the cause, when offered by the party taking them. During the progress of the trial, the appellant offered in evidence a part of the answer to the third interrogatory, and a part of the answer to the 6th interrogatory,…

2Cases cited3 opinions

  1. Crocker v. Clements' Adm'rSupreme Court of Alabama · 1853
  2. Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1853
  3. Wilson v. MariaSupreme Court of Alabama · 1852

3Cited by6 opinions

  1. Birmingham Railway, Light & Power Co. v. BushSupreme Court of Alabama · 1911
  2. Grasselli Chemical Co. v. DavisSupreme Court of Alabama · 1909
  3. Alabama Power Co. v. BodineSupreme Court of Alabama · 1925
  4. Coca-Cola Bottling Co. v. BarksdaleAlabama Court of Appeals · 1920
  5. Birmingham Railway Light & Power Co. v. OdenSupreme Court of Alabama · 1909

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