Alabama Great Southern Railroad v. Clark
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. S. H. Sprott. This action was brought by the appellee; J. P. Clark, against the Alabama Great Southern Railroad Company, to recover damages for the alleged negligent burning by the defendant of 114 bales of cotton alleged to be the property of the plaintiff and located at the time of the fire on the premises of the Planters’ Warehouse & Commission Company in the town of Eutaw.
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Appeal from the Circuit Court of Greene. Tried before the Hon. S. H. Sprott. This action was brought by the appellee; J. P. Clark, against the Alabama Great Southern Railroad Company, to recover damages for the alleged negligent burning by the defendant of 114 bales of cotton alleged to be the property of the plaintiff and located at the time of the fire on the premises of the Planters’ Warehouse & Commission Company in the town of Eutaw. The complaint as originally filed . contained three counts to recover $6,500 damages. To each of these counts the defendant pleaded the general issue and…
1Opinion of the CourtDowdell, J.
The sufficiency of a plea in law should be tested by demurrer and not by a motion to strike. Were it otherwise a motion would be made to take the place of a general demurrer, .which has been abolished in pleading by statute, (section 3303 of Code of 1896), and furthermore, such practice would leave no office to be performed by a special demurrer in pleading, as is contemplated in the above statute. . Section 3286 provides for a motion to strike, where the pleading is “unnecessarily prolix,” “irrelevant ” or “frivolousThe motion to strike in the present case was general, no ground being…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Brooks v. Continental InsuranceSupreme Court of Alabama · 1899
- Williamson v. Mayer Bros.Supreme Court of Alabama · 1897
- Murphy v. FarleySupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Virginia Railway & Power Co. v. GodseySupreme Court of Virginia · 1915
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909
- Louisville Ry. Co. v. GaughCourt of Appeals of Kentucky · 1909
- Southern Railway Co. v. Stonewall InsuranceSupreme Court of Alabama · 1912
- Smellie v. Southern Pacific Co.California Court of Appeal · 1933
20 more not listed; retrieve them via the Exa API.