Alabama Great Southern Railroad v. Bailey
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellee, Thomas F. Bailey, against the appellant, to recover damages for personal injuries, alleged to have been inflicted by reason of the negligence of the defendant. The complaint as originally filed contained five counts. The court gave the general affirmative charge in favor of the defendant as to the second, third, fourth and fifth counts.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellee, Thomas F. Bailey, against the appellant, to recover damages for personal injuries, alleged to have been inflicted by reason of the negligence of the defendant. The complaint as originally filed contained five counts. The court gave the general affirmative charge in favor of the defendant as to the second, third, fourth and fifth counts. The issues were tried upon the first count, which, after averring that on September 22, 1893, the defendant was operating a railroad, and…
1Opinion of the CourtMcCLELLAN, J.
The counter abstract refers us to the transcript with reference to what occurred below as *176to security for costs of the action, and to the overruling of defendant’s motion to suppress the deposition of George W. Bearing. As to the former, a motion to require plaintiff to give security for the costs of the suit and an order denying such motion is copied in the transcript as a part of the record of the court below, but neither said motion nor the order made thereon is shown by the bill of exceptions, nor does it appear at all that any exception was reserved to the action of the court in…
2Cases cited8 opinions
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- McDaniel v. StateSupreme Court of Alabama · 1892
- Richmond & Danville Railroad v. WeemsSupreme Court of Alabama · 1892
- Richmond & Danville Railroad v. VanceSupreme Court of Alabama · 1890
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3Cited by35 opinions
- Fuller v. StateSupreme Court of Alabama · 1959
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- Mahone v. Birmingham Electric Co.Supreme Court of Alabama · 1954
- Reid v. StateSupreme Court of Alabama · 1910
- Rutledge v. RowlandSupreme Court of Alabama · 1909
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