Nash v. Southern Railway Co.
Supreme Court of Alabama
Appeal from tibe City Court of Bessemer. Tried before the Hon. B. C. Jones. This was an action by appellant as administratrix of the-estate of James Nash, deceased, against appellee for the alleged wrongful killing of plaintiff’s intestate at Ma.ylene, Alabama, an the 28th day of December, 1900. There were several counts in tire complaint, same charging the death as due to defendant’s negligence, and others to wantonness or willful wrong on the part of defendant’s employes.
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Appeal from tibe City Court of Bessemer. Tried before the Hon. B. C. Jones. This was an action by appellant as administratrix of the-estate of James Nash, deceased, against appellee for the alleged wrongful killing of plaintiff’s intestate at Ma.ylene, Alabama, an the 28th day of December, 1900. There were several counts in tire complaint, same charging the death as due to defendant’s negligence, and others to wantonness or willful wrong on the part of defendant’s employes. Demurrers to certain counts were interposed, but in view of the judgment entry, as shown by the opinion, it is not…
1Opinion of the CourtHaralson, J.
The assignments of error as to counts of the complaint are to the overruling separately and severally of defendant’s demurrers to the 1st, 2nd, 3rd, 5th, 7th and 9th counts, but it appears there ivas no judgment of the court on these demurrers. The other assignments of error relate to the action of the court in refusing to allow the plaintiff to amend the complaint by adding an additional count numbered 10, and in giving the general affirmative charge for defendant.
There Avere three pleas, 1st, not guilty, 2nd, plea of contributory negligence to each count, to which pleas a demurrer was…
2Cases cited6 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Johnson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- L. & N. R. R. v. Johnson Admx.Supreme Court of Alabama · 1895
- Beavers v. HardieSupreme Court of Alabama · 1877
- Columbus & Western Railway Co. v. WoodSupreme Court of Alabama · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Johnson v. Shook & Fletcher Supply Co.Supreme Court of Alabama · 1944
- Welsh v. Spokane & Inland Empire RailroadWashington Supreme Court · 1916
- Texas Cent. Ry. Co. v. RoseCourt of Appeals of Texas · 1913