Kansas City, Memphis & Birmingham R. R. v. Thornhill
Supreme Court of Alabama
Appeal from tlie Law and. Equity Court of Walker. Tried before tlie Lion. Peyton Noevell. Tliis action was brought by the appellee, J. A. Thorn-hill, against the Kansas City, Memphis & Birmingham K. It. Company, and seeks to recover f10,000.00 damages for personal injuries alleged to have been sustained by the plaintiff, and to have resulted from the negligence of the defendant, or of its employees.
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Appeal from tlie Law and. Equity Court of Walker. Tried before tlie Lion. Peyton Noevell. Tliis action was brought by the appellee, J. A. Thorn-hill, against the Kansas City, Memphis & Birmingham K. It. Company, and seeks to recover f10,000.00 damages for personal injuries alleged to have been sustained by the plaintiff, and to have resulted from the negligence of the defendant, or of its employees. As originally filed the complaint contained three counts, numbered 1, 2 and 3. Subsequently by amendment 5 other counts were added designated as counts A, B, C, D and E. The court sustained…
1Opinion of the CourtMcCLELLAN, C. J.
The assignments of demurrer to the first count'of the complaint do not go to the deficiency of its averments in respect of McAbee’s dominance of the plaintiff in the service of the defendant. Jt does appear by the count- that McAbee was the foret-m-an and that plaintiff was under him, and that this relation between them existed in the service of the defendant, and, further that plaintiff was bound to obey the alleged negligent order of McAbee. If it were supposed that the count should have alleged McAbee’s particular foremanship, the scope of it, and plaintiff’s relation to such foremanship,…
2Cases cited7 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Moss v. MoselySupreme Court of Alabama · 1906
- Birmingham Railway, Light & Power Co. v. HumphriesSupreme Court of Alabama · 1910
- Clairmont v. CilleySupreme Court of New Hampshire · 1931
3 more not listed; retrieve them via the Exa API.