Alabama Great Southern Railroad v. Roach
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. . Tried before the Hon. Ti-iomas R. Rouli-iac. The appeal in this case is prosecuted by the defendant in the court below from a verdict and judgment for the plaintiff assessing his damages at $4,000 All the facts necessary for a proper understanding of the decision on this appeal are sufficiently stated in the opinion. 1. Appellee, at the time of his injury placed himself in an obviously dangerous position, in a place which was…
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Appeal from the Circuit Court of Jefferson. . Tried before the Hon. Ti-iomas R. Rouli-iac. The appeal in this case is prosecuted by the defendant in the court below from a verdict and judgment for the plaintiff assessing his damages at $4,000 All the facts necessary for a proper understanding of the decision on this appeal are sufficiently stated in the opinion. 1. Appellee, at the time of his injury placed himself in an obviously dangerous position, in a place which was dangerous per se, .without necessity therefor, and failed while in such position to give due attention to his own safety,…
1Opinion of the CourtColeman, J.
The action is in case, brought by the appellee, Roach, to recover damages for personal injuries. Although the assignments of error are very numerous, a few principles are determinative of all questions material to the case.
The court sustained a demurrer to plaintiff’s third plea, as amended, which setup the defense of contributory negligence. The ruling of the court sustaining a demurrer to this plea is assigned as error. The complaint avers that plúiviff was an employe of the defendant, “whose duty it was to inspect cars of the defendant to test their fitness for use; and, to perform this…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Andrews v. Birmingham Mineral RailroadSupreme Court of Alabama · 1892
- Richmond & Danville Railroad v. HissongSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Ray v. BrannanSupreme Court of Alabama · 1916
- Grasselli Chemical Co. v. DavisSupreme Court of Alabama · 1909
- Coons v. Pritchard ex rel. PritchardSupreme Court of Florida · 1915
- Adams v. Southern Railway Co.Supreme Court of Alabama · 1910
12 more not listed; retrieve them via the Exa API.