Rabitte v. Alabama Great Southern Ry. Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. La he. Personal injury action by Mary J. Babitte against the Alabama Great Southern Railroad Company. A demurrer to replications was sustained, and plaintiff appeals. The court erred in sustaining demurrers to plaintiff’s replication. It was not necessary under the facts alleged therein that the. money should be refunded or tendered. — Western Ry. v. Arnett, 137 Ala. 414; 83 a W. 332; 89 S. W. 709; Am.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. La he. Personal injury action by Mary J. Babitte against the Alabama Great Southern Railroad Company. A demurrer to replications was sustained, and plaintiff appeals. The court erred in sustaining demurrers to plaintiff’s replication. It was not necessary under the facts alleged therein that the. money should be refunded or tendered. — Western Ry. v. Arnett, 137 Ala. 414; 83 a W. 332; 89 S. W. 709; Am. Dig. 1905 A, p. 3689. A release obtained when defendant was suffering from the shock can be avoided. — 108 111. App. 357; Am. Dig.…
1Opinion of the CourtMcOLELLAN, J.
The plaintiff (appellant) instituted this action to recover damages for injuries received by her in consequence of the alleged negligence of the defendant, a common carrier of passengers. By special plea the defendant set up the defense of payment and written and executed release by the plaintiff of the damages alleged to have been her due, upon the recited consideration of $55. Three replications to this plea were filed by the plaintiff, wherein it is not denied that she executed the release, and confessing that she received said sum from an agent of the defendant, but asserting that the…
2Cases cited8 opinions
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
- Royal v. GossSupreme Court of Alabama · 1907
- Wellden v. WittSupreme Court of Alabama · 1905
- Hoyt & Bros. v. Turner & OatesSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Barbour v. PoncelorSupreme Court of Alabama · 1919
- Seeck v. JakelOregon Supreme Court · 1914
- Alabama Co. v. BrownSupreme Court of Alabama · 1921
- Hertz v. Montgomery Journal Publishing Co.Alabama Court of Appeals · 1913
- Provident Life Accident Ins. Co. v. PriestSupreme Court of Alabama · 1925
9 more not listed; retrieve them via the Exa API.