Mobile Light R. Co. v. Ellis
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action for damages by James C. Ellis, Jr., against Mobile Light & Railroad Company. Judgment for plaintiff, and defendant appeals. This is an action for damages for personal injuries received by Ellis, plaintiff, appellee. On former appeal, from a judgment in plaintiff’s favor for $2,000 reversal was entered because of error in overruling demurrer to the count (2) reproduced in the report of that appeal.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action for damages by James C. Ellis, Jr., against Mobile Light & Railroad Company. Judgment for plaintiff, and defendant appeals. This is an action for damages for personal injuries received by Ellis, plaintiff, appellee. On former appeal, from a judgment in plaintiff’s favor for $2,000 reversal was entered because of error in overruling demurrer to the count (2) reproduced in the report of that appeal. Mobile, etc., Co. v. Ellis, 207 Ala. 109, 92 South. 106. The complaint was rewritten after remandment, and as thus amended…
1Opinion of the Court
McCLELLAN, j.
Following remandment on former appeal (207 Ala. 109, 92 South. 106) the reconstruction of the complaint appears to have been undertaken with the view to obviate the defects then pointed out. It is insisted for defendant (appellant) that faults in the complaint, heretofore adjudicated, still persist.
It appears from the averments of amended count 1: (a) That the defendant was a common carrier of passengers over the line of railway described therein; (b) that a regular stopping place on the line was at the intersection of Wilson and Osage streets; (c) that a proper and customary…
2Cases cited6 opinions
- Highland Avenue & Belt Railroad v. BurtSupreme Court of Alabama · 1890
- North Birmingham Railway Co. v. LiddicoatSupreme Court of Alabama · 1892
- L. & N. R. R. v. GlascowSupreme Court of Alabama · 1912
- Sweet v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1902
- Mobile Light R. Co. v. EllisSupreme Court of Alabama · 1922
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- Hunt v. WardSupreme Court of Alabama · 1955
- Sims v. StruthersSupreme Court of Alabama · 1957
- Louisville N. R. Co. v. RobinsonSupreme Court of Alabama · 1925
- Tennessee Valley Sand & Gravel Co. v. PillingAlabama Court of Appeals · 1950
5 more not listed; retrieve them via the Exa API.