Louisville & Nashville Railroad v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by S. A. Jones, as administrator of the estate of Waiter T. Jones, deceased, against the appellant, the Louisville & Nashville Itailroad Company, and sought to recover damages for the alleged negligent killing of the plaintiff’s intestate; the damages claimed being $25,01)0. The complaint contained, as amended, ten counts.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by S. A. Jones, as administrator of the estate of Waiter T. Jones, deceased, against the appellant, the Louisville & Nashville Itailroad Company, and sought to recover damages for the alleged negligent killing of the plaintiff’s intestate; the damages claimed being $25,01)0. The complaint contained, as amended, ten counts. The plaintiff subsequently abandoned all the counts of the complaint except the first, second, third and seventh. It was alleged in each of the counts of the complaint…
1Opinion of the CourtSharpe, J.
A complaint declaring on negligence under tbe employers’ liability act embodied in 'section 1749, et seq., of tire Code, should in respect of certainty conform to rules which under our system apply to pleadings generally. Those rules permit the averment of conclusions, but conclusions when employed must ordinarily be accompanied with averments of fact whereon issues can be understood, joined and tried.—Leach v. Bush, 57 Ala. 145; Laughran v. Brewer, 113 Ala. 509; L. & N. R. R. Co. v. Hawkins, 92 Ala. 243; M. & O. R. R. Co. v. George, 94 Ala. 199; So. R’y Co. v. Arnold, 114 Ala. 187. By this…
2Cases cited8 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Georgia Pacific Railroad v. PropstSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- Republic Iron & Steel Co. v. WilliamsSupreme Court of Alabama · 1911
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
20 more not listed; retrieve them via the Exa API.