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…
1Opinion of the Court
McCLELLAN, J.—
(l, 2) The circuit court of Franklin county. gave a judgment against the defendant in favor of plaintiff (appellee) on account of injuries alleged to have been received by him while in the defendant’s service. Before this suit was instituted in Alabama the plaintiff had commenced a suit for the same alleged wrong against the same defendant in one of the District Courts of the United States in the state of Georgia. This suit was still pending at the time the action in Alabama was called for trial. The defendant in our courts sought, through plea, the abatement of this action in…
2Cases cited18 opinions
- Tennessee Coal, Iron & Railroad v. GeorgeSupreme Court of the United States · 1914
- Atchison, Topeka & Santa Fe Railway Co. v. SowersSupreme Court of the United States · 1909
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- First National Bank v. CheneySupreme Court of Alabama · 1897
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3Cited by15 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- Shelby County v. BakerSupreme Court of Alabama · 1959
- Shelley v. ClarkSupreme Court of Alabama · 1958
- Birmingham Belt R. Co. v. HendrixSupreme Court of Alabama · 1926
10 more not listed; retrieve them via the Exa API.