Birmingham Railway L. & P. Co. v. Jung
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Hendry Jung against the Birmingham Bailway, Light & Power Company.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Hendry Jung against the Birmingham Bailway, Light & Power Company. Judgment for plaintiff, and defendant appeals, The original first count was in the following language: “Plaintiff claims of the defendant, a body corporate doing business as a common carrier of passengers for hire in Jefferson county, Aia., $30,000 damages, for this: That on, to wit, January 10, 1904, plaintiff, while a. passenger of defendant en route from Bessemer, in Jefferson county, state of Alabama, to Birmingham, in said state and county, was…
1Opinion of the Court
McCLELLAN, J.-
The complaint, after amendment,, contained four counts, the last of which Avas removed from consideration of the jury by instruction of the court. The original first count is in case, and those added by amendment are also in case, thus distinguishing the pleading in this action from that considered and treated in Freeman v. Central of Ga. R. R., 154 Ala. 619, 45 South. 898, where the departure attempted was from trespass to case. The amendment here Avas properly allowed, and had relation back to the commencement of the suit. — Highland A. & B. R. R. v. Sampson, 112 Ala. 425, 20…
2Cases cited19 opinions
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Montgomery & Eufaula Railroad v. StewartSupreme Court of Alabama · 1890
- Highland Avenue & Belt Railroad v. BurtSupreme Court of Alabama · 1890
- North Birmingham Railway Co. v. LiddicoatSupreme Court of Alabama · 1892
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Griffin Lumber Co. v. HarperSupreme Court of Alabama · 1946
- Marsha Lee Wallin, as Administratrix of the Estate of Carl R. Wallin, Deceased v. Allen Ernest Fuller and Nationwide Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
- Fairbanks, Morse & Co. v. GambillTennessee Supreme Court · 1919
- Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
- Birmingham Electric Co. v. MannSupreme Court of Alabama · 1933
20 more not listed; retrieve them via the Exa API.