Alabama, T. N. R. Co. v. Huggins
Supreme Court of Alabama
Appeal from Circuit Court, Sumter County ; R. I. Jones, Judge. Action by Bob Huggins against the Alabama, Tennessee & Northern Railroad Company for damages lor personal injury. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911,. p. 449, § 6. The complaint on which the case was tried sufficiently appears from the opinion.
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Appeal from Circuit Court, Sumter County ; R. I. Jones, Judge. Action by Bob Huggins against the Alabama, Tennessee & Northern Railroad Company for damages lor personal injury. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911,. p. 449, § 6. The complaint on which the case was tried sufficiently appears from the opinion. Plea 3 is as follows: Plaintiff himself was guilty of negligencp which proximately contributed to his injury, in this, that the plaintiff negligently suffered or . permitted himself to be and remain in front of the approaching…
1Opinion of the CourtThomas, J.
The suit for personal injury was tried on a count of simple negligence. Defendant’s pleas, generally stated, were: (1) The general issue; (2) contributory negligence in going upon the track in front of the approaching train and in close proximity thereto, without stopping, looking, and listening; and (3) in remaining thereon in front of the approaching train.
[1] Omitting formal allegations, the count was, in part, that—
“While the plaintiff was engaged in the discharge of his duties as a section hand of the Alabama Great Southern Railroad Company, cleaning up the track in the railroad yards…
2Cases cited7 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
- Penry v. DozierSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. WilliamsSupreme Court of Alabama · 1908
- Birmingham Ry., Light & Power Co. v. HuntSupreme Court of Alabama · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Jones v. Southern Pacific Co.California Court of Appeal · 1925
- Shepherd v. Gardner Wholesale, Inc.Supreme Court of Alabama · 1972
- Terry v. NelmsSupreme Court of Alabama · 1951
- Harris v. SchmaelingSupreme Court of Alabama · 1960
4 more not listed; retrieve them via the Exa API.