Southern Ry. Co. v. Jackson

• Citation: 31 So. 988,133 Ala. 384
• Parties: SOUTHERN RY. CO. v. JACKSON.
• Decision Date: 23 April 1902
• Court: Supreme Court of Alabama

31 So. 988

133 Ala. 384

SOUTHERN RY. CO. v. JACKSON.

Supreme Court of Alabama

April 23, 1902

Appeal from circuit court, Calhoun county; John Pelham, Judge.

Action by J. M. Jackson against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. Affirmed.

This was an action brought by the appellee, J. M. Jackson, against the Southern Railway Company, to recover damages for personal injuries. The complaint, as amended, contained six counts. Each of the counts of the complaint averred that the plaintiff was in the employment of the defendant, and, at the time of receiving the injuries complained of, was in the discharge of his duties as conductor of a switch engine which was being operated in the defendant's yard; that the "injuries were caused by reason of the negligence of Luke Austin, a person, who was in the service or employment of the defendant as engineer, and who had charge or control of the switch engine of defendant in the yards of the defendant." The specifications of negligence in the counts of the complaint were as follows: "Plaintiff while conductor of said switch engine, and in the discharge of his duties as such conductor, was assisting in getting out local cars, and after said train of cars had been coupled up he gave the signal to pull out (and he then got on a ladder on the end of one of the cars at or near the rear end of said train of cars), preparatory to riding to another part of the yards of defendant, as it was his duty to do, to discharge his duties as such conductor of said switch engine at that place, whereupon said (Luke Austin, the) engineer negligently did something unknown to plaintiff, but known to such person, which caused said car upon which plaintiff was holding to by the ladder thereon to give a violent and sudden jerk or lurch, which caused plaintiff to be jerked or thrown off of said car and ladder, and under the said train of cars whereby he was injured as aforesaid, by having his right leg cut off below the knee, and his left leg run over, injuring disabling, and maiming him for life, as aforesaid." The plaintiff sued for $50,000 damages. The defendant filed the plea of the general issue, and, in addition to several other special pleas setting up the contributory negligence on the part of the plaintiff, the defendant filed the following special pleas (the portions of the pleas in parentheses being added by amendment): "Second. For further answer to the complaint as amended, and separately to each count thereof the defendant says that the plaintiff's own negligence proximately contributed to the injuries complained of." "Seventh. For further answer to the complaint as amended, and separately to each count thereof, defendant says that the plaintiff's own negligence contributed proximately to the injuries complained of, in this: that the plaintiff carelessly and negligently undertook to board a car on a moving train by putting only one hand and foot on the ladder of the car, and doing so from the platform of a depot near by, which was a hazardous and dangerous method of boarding said train. (And defendant avers that, in negligently assuming such dangerous and hazardous position plaintiff thereby contributed proximately to the injuries mentioned in the complaint.) Eighth. For further answer to the complaint as amended, and separately to each count thereof, the defendant says that the plaintiff's own negligence proximately contributed to the injuries complained of, in this: that at the time said injuries were received the plaintiff...