Highland Avenue & Belt Railroad v. Robinson
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, William Robinson, by his next friend, against the Highland Avenue ,& Belt Railroad Company, to recover damages for personal injuries. The complaint contained but one count, and t'he averments of negligence in said count are set forth in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, William Robinson, by his next friend, against the Highland Avenue ,& Belt Railroad Company, to recover damages for personal injuries. The complaint contained but one count, and t'he averments of negligence in said count are set forth in the opinion. To this count of the complaint the defendant demurred upon the following grounds: 1. That said count is indefinite, uncertain and vague in that it is alleged therein in the alternative that the servants of defendant kicked,…
1Opinion of the CourtMcCLELLAN, C. J.
Robinson, by next friend, prosecutes this action against the appellant railroad company. The claim is of fifteen thousand dollars damages-for that on a day named the plaintiff got upon a car belonging to -the defendant and “was wantonly and recklessly or intentionally injured'by being kicked, knocked' or shoved from said .car !by the- déféndant through its servant or agent, while the -Said car was in-motion, and' *489in consequence thereof, plaintiff was run over and was-so badly cut, bruised and mangled that he lost one of his legs,’’ etc., etc. The gist of this complaint is that defendant’s…
2Cases cited8 opinions
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
- Louisville & Nashville Railroad v. WhitmanSupreme Court of Alabama · 1885
- Western Union Telegraph Co. v. SeedSupreme Court of Alabama · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bowles v. LoweryAlabama Court of Appeals · 1912
- Vessel v. Seaboard A. L. Ry. Co.Supreme Court of Alabama · 1913
- Hart v. JonesAlabama Court of Appeals · 1915
- Tennessee Coal, Iron & R. R. v. BridgesSupreme Court of Alabama · 1905
- Birmingham Water Works Co. v. WilsonAlabama Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.