Mobile & Ohio Railroad v. George
Supreme Court of Alabama
Appeal from the Circuit, Court of Mobile. Tried before the Hon. Wm. E. Clarke. This action 'was brought by James George against the Mobile & Ohio Railroad Company, to recover damages for personal injuries sustained by plaintiff while engaged in defendant's service as a brakeman; and was commenced on the 27th August, 1889. The accident occurred on the 3d Feb-’ ruary, 1889, while the plaintiff', who was a brakeman, was attempting to uncouple an engine from some cars in the…
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Appeal from the Circuit, Court of Mobile. Tried before the Hon. Wm. E. Clarke. This action 'was brought by James George against the Mobile & Ohio Railroad Company, to recover damages for personal injuries sustained by plaintiff while engaged in defendant's service as a brakeman; and was commenced on the 27th August, 1889. The accident occurred on the 3d Feb-’ ruary, 1889, while the plaintiff', who was a brakeman, was attempting to uncouple an engine from some cars in the railroad yard; and the injuries received necessitated the amputation of both of his feet. The jury gave him a verdict for…
1Opinion of the CourtClopton, J.
— The first- six assignments of error go to overruling the demurrers to the first, nineteenth, twenty-first, twenty-third, twenty-sixth and twenty-seventh counts of the complaint; the twenty-fourth count having been struck out by amendment, and the demurrers to the others sustained. In each count, the averment of negligence is general. In actions based on misfeasance or nonfeasance, the rule, as settled by our decisions, is, that when the complaint avers the facts from, which the duty arises, a general averment of negligence is sufficient under our system of pleading; the pleader' is not…
2Cases cited8 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887
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3Cited by70 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Chase v. FitzgeraldSupreme Court of Connecticut · 1946
- Wright v. McCordSupreme Court of Alabama · 1920
- Crocker v. LeeSupreme Court of Alabama · 1954
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
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