Louisville N. R. Co. v. Clark
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by Mrs. Ellen W. Clark against the Louisville & Nashville Railroad and others. Judgment for the plaintiff, and the defendants appeal.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by Mrs. Ellen W. Clark against the Louisville & Nashville Railroad and others. Judgment for the plaintiff, and the defendants appeal. Transferred from Court of Appeals under section 6, Acts 193.1, p. 449. Following charges were refused the defendant: (8) If you believe the evidence, plaintiff is not entitled to recover any damages on account of the weather being cold and the roads muddy on January 28, 1918. (9) If you believe the evidence, the plaintiff would not be entitled to recover any damages on account of the rain and…
1Opinion of the CourtThomas, J.
The case was tried on counts 2, 3, and 4 against defendants Louisville & Nashville Railroad Company, a corporation, Southern Railway Company, a corporation, and Walker D. ■ Plines, as Director General of Railroads. The first, fifth, and sixth counts were eliminated by charges, as was also the Southern Railway Company as a party defendant.. Defendants made motion to strike parts of the several counts of the complaint; and though the ruling thereon is assigned as er■ror, it is not shown by the bill of exceptions or the judgment entry that action of the court was invoked on this motion.
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2Cases cited24 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Louisville & Nashville Railroad v. QuickSupreme Court of Alabama · 1899
19 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
- St. Louis-San Francisco Ry. Co. v. ClarkSupreme Court of Oklahoma · 1924
- Ahlquist v. Mulvaney Realty Co.Montana Supreme Court · 1944
- Nashville, C. & St. L. Ry. v. CampbellSupreme Court of Alabama · 1924
11 more not listed; retrieve them via the Exa API.