Kansas City, Memphis & Birmingham Railroad v. Foster
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Gitas. A. Senn. This was an action brought by the appellee, Edwin H. Foster, against the Kansas City, Memphis & Birmingham E. E. Cot, to recover damages for the alleged wrongful ejection of the plaintiff from one of the defendant’s trains. The complaint contained six counts.
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Appeal from the City Court of Birmingham. Tried before the Hon. Gitas. A. Senn. This was an action brought by the appellee, Edwin H. Foster, against the Kansas City, Memphis & Birmingham E. E. Cot, to recover damages for the alleged wrongful ejection of the plaintiff from one of the defendant’s trains. The complaint contained six counts. Under the opinion on the present appeal, it is only' necessary to set out the third count of the complaint, which was as follows: («3.) “The plaintiff further, claims of the defendant the sum of eighteen hundred ($1,800.00) dollar's as damages, because of the…
1Opinion of the CourtHaralson, J.
The complaint contained six counts. The ones numbered two and five were withdrawn and abandoned by plaintiff, and the court instructed the jury, at the instance of defendant, that they could not find for the plaintiff under the first, fourth and sixth counts. We need not!, therefore, consider any of the rulings of the court on motions to strike certain parts of these counts, and on the demurrers interposed to them. There was left alone in the complaint, the third count, on which, after1 rulings on motions to strike certain parts thereof had been overruled and others sustained, issue was taken…
2Cases cited9 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. QuickSupreme Court of Alabama · 1899
- Montgomery & Eufaula Railway Co. v. CulverSupreme Court of Alabama · 1884
- Louisville & Nashville R. R. v. BinionSupreme Court of Alabama · 1894
- Jones v. Cincinnati, Selma & Mobile RailroadSupreme Court of Alabama · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Briggs v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1914
- Chicago, R. I. & P. Ry. Co. v. StephensCourt of Appeals for the Sixth Circuit · 1914
- Louisville N. R. Co. v. ClarkSupreme Court of Alabama · 1920
- Walter v. Alabama Great Southern R. R.Supreme Court of Alabama · 1904
- Southern Express Co. v. SaksSupreme Court of Alabama · 1909
8 more not listed; retrieve them via the Exa API.