Central of Georgia Railway Co. v. Freeman
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson'. Tried before the Hon. A. A. Coleman. This was an action brought by tlie appellee, llobert A. S. Freeman, against the Central of Georgia Kailway Company, to recover damages for personal injuries.
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Appeal from the Circuit Court of Jefferson'. Tried before the Hon. A. A. Coleman. This was an action brought by tlie appellee, llobert A. S. Freeman, against the Central of Georgia Kailway Company, to recover damages for personal injuries. The complaint contained five counts, in each of which the plaintiff claimed $20,000. In each of the counts it ivas averred that the plaintiff ivas rum over by a train operated by the defendant while lie, the plaintiff, ivas on a public highway in Alexander City; that by reason of being so- run over, he lost a part of both feet and ivas otherwise, injured…
1Opinion of the CourtMcCLELLAN, C. J.
The 1st, 2d, and 3d counts of the complaint allege negligence on the x>art of the defendant and that such negligence caused the injuries complained of. The 4th and 5th counts charge nothing, they allege no cause of action against the dedefendant. — Southern R’y. Co. v. Bunt, 131 Ala. 591. The case should have been tried as if they were not in it. Defendant’s pleas of contributory negligence were* good against the only causes of action alleged in the complaint. The demurrers to- them should have been overruled. The evidence was free from, conflict to the proof of those pleas. With them in the…
2Cases cited1 opinion
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
3Cited by18 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Louisville & Nashville R. R. v. LoydSupreme Court of Alabama · 1914
- Birmingham Ry. Light & Power Co. v. BrownSupreme Court of Alabama · 1907
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
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