Alabama Gt. S. R. R. v. Johnson
Alabama Court of Appeals
Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Action by Fannie Johnson against the Alabama Great Southern Railroad Company, for damages for injury while a passenger. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtEvans, J.
Appellee, plaintiff below, brought her action on the case to recover damages for personal injuries sustained by her while a passenger on one of appellant’s trains.(1) Appellant assigns error upon the overruling of its demurrers to each of the two counts, A and B, of the complaint. Count A sets up the relationship of passenger, and avers in general terms that plaintiff was injured and “by reason of and as a proximate consequence of the negligence of the defendant.” Under the liberal system of pleading in this state, it has been repeatedly held that, where the gravamen of the action is the…
2Cases cited16 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Beiser v. Cin., N. O. & T. P. Ry. Co.Court of Appeals of Kentucky · 1913
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
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3Cited by10 opinions
- Ensley Holding Co. v. KelleySupreme Court of Alabama · 1934
- Picou v. Kansas City Public Service Co.Supreme Court of Kansas · 1943
- Windham v. Atlantic Coast Line R. Co.Court of Appeals for the Fifth Circuit · 1934
- Morneault v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1949
- Atkinson v. DeanSupreme Court of Alabama · 1916
5 more not listed; retrieve them via the Exa API.