Louisville & Nashville Railroad v. Morgan
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. James S. Morgan, the administrator of Rufus King, deceased, brought the present action against the Louisville & Nashville Railroad Company, to recover damages for the death of the plaintiff’s intestate, who was, at the time, a brakeman on one of the defendant’s trains. The complaint as amended contained five counts.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. James S. Morgan, the administrator of Rufus King, deceased, brought the present action against the Louisville & Nashville Railroad Company, to recover damages for the death of the plaintiff’s intestate, who was, at the time, a brakeman on one of the defendant’s trains. The complaint as amended contained five counts. The first count, after averring the operation of trains by the defendant and the employment of the plaintiff’s intestate as a brakeman on one of its local freight trains, and that while at a station…
1Opinion of the Court
McCLELLAN, J. —
The complaint contains several counts each claiming damages from the defendant railroad company for negligence of its servants whereby plaintiff’s intestate, a brakeman in defendant’s service, was killed. There were demurrers to the complaint assigning several grounds, which were overruled by the court. Of this ruling, only this is said in appellant’s brief: “The demurrers to the complaint, on pages 7 and 8 of abstract, set forth succinctly the grounds upon which they were urged; and the correctness of the ruling of the court thereon is, therefore, submitted without further…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
3Cited by16 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Hamilton v. BrowningSupreme Court of Alabama · 1952
- Mobile O. R. Co. v. WilliamsSupreme Court of Alabama · 1929
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Christensen v. Floriston Pulp & Paper Co.Nevada Supreme Court · 1907
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