Richmond & Danville Railroad v. Jones
Supreme Court of Alabama
Appeal from Circuit Court of Jefferson. Tried before the Hon. Jas. B. Head. This action was brought by I). W. Jones, against the appellant corporation, to recover damages for personal injuries alleged to have been inflicted by reason of the negligence of the defendant. There were three counts in. the complaint.
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Appeal from Circuit Court of Jefferson. Tried before the Hon. Jas. B. Head. This action was brought by I). W. Jones, against the appellant corporation, to recover damages for personal injuries alleged to have been inflicted by reason of the negligence of the defendant. There were three counts in. the complaint. The first count sought to recover on the ground that the injuries were caused by reason of defects in the condition of the-ways, works, machinery or plant connected with or used in the employ of defendant. In the second count of the complaint, the plaintiff based his right of recovery…
1Opinion of the CourtColeman, J.
The suit was brought by appellee to recover damages for personal injury. For ’defense to the action, by way of special plea, the defendant set up Rule No. 23, which will be found in the statement of the facts of the case. To this plea a demurrer was sustained. In the case of the Louisville & Nashville R. R. v. Orr, 91 Ala. 548; 8 So. Rep. 360, it is declared that “Railroads can not stipulate for immunity from liability for their own wrongful negligence. A rule which imposes upon an employe to look after and be responsible-for his own safety contravenes the law itself, which fixes the-*225liability…
2Cases cited11 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Fonville v. StateSupreme Court of Alabama · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Johnston v. . FargoNew York Court of Appeals · 1906
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Reynolds v. MasseySupreme Court of Alabama · 1929
- Brown v. Louisville & Nashville RailroadSupreme Court of Alabama · 1895
19 more not listed; retrieve them via the Exa API.