Louisville & Nashville R. R. v. Church
Supreme Court of Alabama
Damages for Injury to Passenger. Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Ann D. Church against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals.
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Damages for Injury to Passenger. Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Ann D. Church against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. Count 1 of the complaint is as follows: “Plaintiff claims of defendant $1,999, for that theretofore, to wit, on the 21st day of February, defendant was a common carrier of passengers by means of a train on a railroad, that on said day, while plaintiff was defendant’s jjas-senger and being carried by defendant as such upon said train, and while said train was at a point on…
1Opinion of the CourtAnderson, J.
“When the gravamen of the action is the alleged nonfeasance or misfeasance of another, as a general rule it is sij-fficient if the complaint aver the facts out of which the duty to act springs and which the defendant negligently failed to do and perform. It is not necessary to define the quo modo, or to specify the particular acts of diligence he should have employed in the performance of such duty.” — Southern R. R. v. Burgess, 143 Ala. 367, 42 South. 36, and cases there cited. The complaint, in the case at bar, was not subject to the demurrer interposed and which was properly overruled by…
2Cases cited4 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
- Kinsley v. Lake Shore & Michigan Southern RailroadMassachusetts Supreme Judicial Court · 1878
- Railroad v. RayTennessee Supreme Court · 1898
3Cited by19 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Louisville N. R. Co. v. CoursonSupreme Court of Alabama · 1937
- Birmingham Railway Light & Power Co. v. WeathersSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. BushSupreme Court of Alabama · 1911
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