Legal Opinion

Moore v. Nashville, Chattanooga & St. Louis Railway

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 14 opinions

Appeal from the Circuit Court of Marshall. Tried, before the Hon. A. H. Alston. This action was brought by the appellant, Charles H. Moore, against the appellee, the Nashville, Chattanooga & St. Louis Railway.

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Appeal from the Circuit Court of Marshall. Tried, before the Hon. A. H. Alston. This action was brought by the appellant, Charles H. Moore, against the appellee, the Nashville, Chattanooga & St. Louis Railway. The complaint contained but one count, and in this count the plaintiff sought to recover damages for personal injuries sustained by reason of his being ejected from a passenger coach constituting a part of a train on defendant’s railway; it being- averred in the complaint that the plaintiff was originally a passenger upon said train, and that while endeavoring to find a seat in the…

1Opinion of the CourtTyson, J.

The motion of appellee to dismiss the appeal because no judgment ivas rendered by the trial court upon the verdict of the jury must be denied. — Bell v. Otts, 101 Ala. 186; 1 Freeman on Judgments, § 2.

The order of the court allowing thirty days for the preparation and signing of the bill of exceptions is sufficient.

The complaint alleges a Avrongful ejection of the plaintiff by the conductor from one of the cars of defendant onto the platform of said car and from there to the ground resulting in injuries to his person. The defendant filed five special pleas, numbered 2, 3, 4, 5, and 6. All' of…

2Cases cited2 opinions

  1. Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
  2. Bell v. OttsSupreme Court of Alabama · 1893

3Cited by14 opinions

  1. Jones v. StateSupreme Court of Alabama · 1913
  2. Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
  3. Brown v. Standard Casket Mfg. Co.Supreme Court of Alabama · 1937
  4. Plunkett v. DendySupreme Court of Alabama · 1916
  5. Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918

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