Alabama Great Southern Ry. v. Brock
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by S. M. Brock against tbe Alabama Great Southern Railroad Company. From. a judgment for plaintiff, defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by S. M. Brock against tbe Alabama Great Southern Railroad Company. From. a judgment for plaintiff, defendant appeals. Tbe first count in tbe complaint is in tbe following language: “Plaintiff claims of tbe defendant, tbe Alabama Great Southern Railroad Company, a private corporation, tbe sum of $10,000 damages, in this: That on and prior to the 3rd day of August, 1907, tbe defendant operated a railway between Bessemer and Birmingham, Ala. That on, to wit, the date aforesaid, plaintiff was in tbe employment of…
1Opinion of the CourtSimpson, J.
This action by the appellee is for damages on account of injuries claimed to have been received by the plaintiff as an employe of the defendant. All of the counts of the complaint were eliminated by demurrer, except the first; and the first assignment of error insisted on is to the action of the court in overruling demurrers to said count.
The gravamen of the demurrer insisted on in argument is that it does not sufficiently set out the facts, showing in what consisted the negligence complained of. While it is true that, under .our decisions, greater particularity is required in the allegations…
2Cases cited28 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
23 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
- Jett v. TurnerSupreme Court of Alabama · 1926
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Mathews v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1917
- Great Southern Lumber Co. v. HamiltonMississippi Supreme Court · 1924
4 more not listed; retrieve them via the Exa API.