Central of Georgia Railway Co. v. Freeman
Cases that cite this one
15 later published cases cite this decision.
- B'ham Ry. L. & P. Co. v. Nicholas (Ala. 1913)
- Sloss-Sheffield Steel & Iron Co. v. Sharp (Ala. 1908)
- McInnes v. American Surety Co. of New York (8th Cir. 1926)
- Bice v. Steverson (Ala. 1921)
- National Park Bank v. L. & N. R. R. (Ala. 1917)
- Southern Railway Co. v. Jarvis (Ala. Ct. App. 1914)
- Louisville & Nashville R. R. v. Loyd (Ala. 1914)
- B'ham Ry. L. & P. Co. v. Cockrum (Ala. 1912)
- Birmingham Railway, Right & Power Co. v. Yates (Ala. 1910)
- Freeman v. Central of Ga. Ry. Co. (Ala. 1908)
- Alabama Great Southern R. R. v. Fulton (Ala. 1907)
- Birmingham Ry. Light & Power Co. v. Brown (Ala. 1907)
- Birmingham Ry. Light & Power Co. v. Jones (Ala. 1906)
- Birmingham Ry. L. & P. Co. v. Livingston (Ala. 1905)
- Louisville & Nashville R. R. v. Pearce (Ala. 1904)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 case, the defendant will be entitled to the affirmative charge'.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.