Mobile & Ohio R. R. v. Thomas
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before Hon. C. W. Bapier. Westley Thomas, (appellee,) instituted bis suit against tbe Mobile & Ohio Eailroad Company, (appellant,) on the 20th September, 1865, to recover damages for an injury to his person.
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Appeal from the Circuit Court of Mobile. Tried before Hon. C. W. Bapier. Westley Thomas, (appellee,) instituted bis suit against tbe Mobile & Ohio Eailroad Company, (appellant,) on the 20th September, 1865, to recover damages for an injury to his person. The complaint on which the cause was tried consists of one count, viz: “ The plaintiff claims of the defendant, which is a corporation, forty thousand dollars, damages, because he says the defendant was at the time of committing the grievances, hereinafter, engaged in the business of running cars on its road from Mobile to a point on said…
1Opinion of the CourtA. J. Walker, C. J.
The first ground of demurrer amounts to nothing more than a general demurrer, and there could be no error in overruling it. — Robbins v. Mendenhall, 35 Ala. 722; Helvenstein v. Higgason, ib. 259; Burns v. Mayor of Mobile, 34 Ala. 485.
The complaint is not obnoxious to the objection for uncertainty made by the second and seventh assignments of demurrer. It was not incumbent upon the plaintiff to specify the place where the injury alleged was sustained, and, therefore, the third assignment of demurrer was not well taken.
The sixth assignment of demurrer is as follows: “ It appears that plaintiff…
2Cases cited16 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Steele v. TownsendSupreme Court of Alabama · 1861
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Perry v. MarshSupreme Court of Alabama · 1854
11 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Evansville & Terre Haute Railroad v. DuelIndiana Supreme Court · 1893
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Louisville, New Albany & Chicago Railway Co. v. SandfordIndiana Supreme Court · 1889
42 more not listed; retrieve them via the Exa API.