Alabama Great Southern Railway Co. v. Neal
Alabama Court of Appeals
Appeal from Greene Circuit Court. H'eard before Hon. S. L. Brewer. Action by Hudson Neal, pro ami, against the Alabama Great Southern Bailroad Company. Judgment for plaintiff, and defendant appeals. The substance of the pleadings, the facts, and the assignments of error relative to evidence sufficiently appear from the opinion. The following charges were refused to defendant: (1) General affirmative charge. (3) Affirmative charge to second count.
Read the full summary
Appeal from Greene Circuit Court. H'eard before Hon. S. L. Brewer. Action by Hudson Neal, pro ami, against the Alabama Great Southern Bailroad Company. Judgment for plaintiff, and defendant appeals. The substance of the pleadings, the facts, and the assignments of error relative to evidence sufficiently appear from the opinion. The following charges were refused to defendant: (1) General affirmative charge. (3) Affirmative charge to second count. (4) Affirmative charge as to fourth count. (5) Affirmative charge as to the fifth count. (6) Same as to the sixth count. (7) Same as to the seventh…
1Opinion of the CourtThomas, J.
— The complaint contained originally nine counts. The first w;as withdrawn, and demurrers were sustained to the third and ninth, leaving as the complaint upon which the trial was had counts 2, 4, 5, 6, 7, and 8, to each of which a demurrer was also inter*598posed, but overruled. These counts are all predicated upon subdivision 2 of section 8910 of the Code (the Employer’s Liability Statute), confessedly so, except counts 4, 5, and 8, each of which appellant (defendant below) contends, in one ground of demurrer thereto, is a mis-joinder of an action under subdivision 2 with an action under…
2Cases cited22 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Decatur Car Wheel & Manufacturing Co. v. MehaffeySupreme Court of Alabama · 1900
- Robinson Mining Co. v. TolbertSupreme Court of Alabama · 1901
17 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bankhead v. StateAlabama Court of Appeals · 1947
- Pruett v. StateAlabama Court of Appeals · 1948
- Birmingham Electric Co. v. WaldenAlabama Court of Appeals · 1947
- Sloss-Sheffield Steel & Iron Co. v. BrooksSupreme Court of Alabama · 1920
- Wise v. JohnsonAlabama Court of Appeals · 1915