Kelly v. L. & N. R. R.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard, before Hon. A. O. Lane. Personal injury action by Michael Kelly against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. This is the second appeal in this case. The former appeal will be found reported in 148 Ala. 143, 41 South. 870. The action was for damages for personal injury. The amended complaint consisted of seven counts.
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Appeal from Jefferson Circuit Court. Heard, before Hon. A. O. Lane. Personal injury action by Michael Kelly against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. This is the second appeal in this case. The former appeal will be found reported in 148 Ala. 143, 41 South. 870. The action was for damages for personal injury. The amended complaint consisted of seven counts. The first and second counts were based upon the negligence of a person in the service or employment of defendant, whose name was unknown to plaintiff, and who had charge or…
1Opinion of the CourtAnderson, J.
It appears that a demurrer was sustained to pleas 2 and 4, and which went to each count of the complaint. It also appears that said pleas were amended and refiled; but the amendment in no way confined the pleas to any particular counts, as they undertake, after amendment, as they did when originally filed, to answer each count of the complaint. The only amendment we find to the complaint was to add additional counts. There is nothing in the record to show that the wanton counts were ever stricken out. Pleas 2 and 4, whether sufficient as pleas of contributory negligence or not, were not…
2Cases cited8 opinions
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Naftel v. County of MontgomerySupreme Court of Alabama · 1900
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
- Western Railway v. ArnettSupreme Court of Alabama · 1902
- Van Wyck v. . BrasherNew York Court of Appeals · 1880
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3Cited by13 opinions
- William Aubrey Dominick, Jr. v. Dixie National Life Insurance Company, Robert Lyle Fundaburk v. Dixie National Life Insurance Co., Robert E. Johnson, Jr. v. Dixie National Life Insurance Co., a Corporation, Lincoln National Sales Corporation of Central Alabama, a Corporation, and the Lincoln National Life Insurance Company, a Corporation, Carlton S. & Chrystle Bone v. Dixie National Life Insurance Co., Lincoln National Sales Corporation of Central Alabama and the Lincoln National Life Insurance Company, Jerry Lee Fowler v. Dixie National Life Insurance Co., Russell Jeffrey Pinyan v. Dixie National Life Insurance Co., Milton L. Culver, Gilmer R. And Hilda E. Godfrey v. The Lincoln National Life Insurance Company, Etc., Robert Kermit Pinyan v. Dixie National Life Insurance Co., Julian D. Edwards v. United Presidential Life Insurance Company, a Corporation Union Central Life Insurance Company, a Corporation Milton L. Culver, Mary M. Hunt v. United Presidential Life Insurance Company, a Corporation Union Central Life Insurance Company, a Corporation Milton L. Culver, Hubert A. Grissom v. Dixie National Life Insurance Company, Defendant-Crossclaim Hoyt A. Ponder v. Dixie National Life Insurance Co., Lincoln National Sales Corp. Of Central Alabama & the Lincoln National Life Insurance Co., Garry Aaron Walker v. Dixie National Life Insurance Co., Warren N. Cook v. Dixie National Life Insurance Co., Lincoln National Sales Corporation of Central Alabama & the Lincoln National Life Insurance Company, a Corporation, Burton Burdick v. Dixie National Life Insurance Co., a Corporation Lincoln National Sales Corporation of Central Alabama, a Corporation and the Lincoln National Life Insurance Company, a Corporation, Fred M. Tucker v. Dixie National Life Insurance Co., Lincoln National Sales Corp. Of Central Alabama & the Lincoln National Life Insurance Company, James W. Spencer v. Dixie National Life Insurance Co., a Corporation Lincoln National Sales Corporation of Central Alabama, a Corporation, John Haven v. Dixie National Life Insurance Co., Etc., Allen Daniel Washburn & Mozelle Washburn v. Dixie National Life Insurance Co., Barry W. McCown v. Dixie National Life Insurance Co., Eugene A. Polk v. Dixie National Life Insurance Co., Wilford R. Hitt v. Dixie National Life Insurance Co., Oscar Lee Nichols v. Atlantic American Life Insurance Company, Etc.Court of Appeals for the Eleventh Circuit · 1987
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Beatty v. PalmerSupreme Court of Alabama · 1916
- Emerson-Brantingham Implement Co. v. ArringtonSupreme Court of Alabama · 1927
- West v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
8 more not listed; retrieve them via the Exa API.