Western Union Telegraph Co. v. Howington
Supreme Court of Alabama
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by Z. D. Howington against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by Z. D. Howington against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The following is the complaint: Count 2: “The plaintiff, who at the time hereinafter mentioned was, and now is, a resident citizen of the state of Georgia, county of Gwinnett, claims of the defendant (a corporation) the sum of $50,000 as damages, for that heretofore, to-wit, on or about the 1st day of September, 1913, said defendant was operating and maintaining a telegraph line or lines on and along the line…
1Dissent
GARDNER, J.—
(dissenting). — This cause is reversed solely upon the supposed insufficiency of the averments of counts 2 and 3, which counts are set out in the report of the case. The two grounds of objection are treated in the majority opinion under ■designations “(a)” and “(b).”
The ground of objection indicated as “(a)”-is that the counts fail to “unequivocally aver * * * the foreman’s duty, not alone his acts, with respect to the operation of the brake on the hand car,” etc. As to count 3, the plaintiff has simply followed the statute, charging the injuries to the negligence of one Wall, who…
2Cases cited2 opinions
- Rogers v. BrooksSupreme Court of Alabama · 1892
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1916