Ala. Great Southern Railroad v. Frazier
Supreme Court of Alabama
Action for Damages, ly Ejected Passenger against Railroad. Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally.
1Opinion of the CourtMcCLELLAN, J.
— This is an action by Frazier, against the Alabama Great Southern Railroad Co., sounding in damages for injuries willfully inflicted by one of defendant’s brakemen while acting within the scope of his employment.
1. Plea No. 1 “denies each and every allegation, statement and averment” of the complaint. The general issue,.presented by the second plea of “not guilty,” is made by statute the equivalent of a denial of all the material allegations of the complaint. — Code, § 2675. The issue presented by the two pleas, therefore, is one and the same. If the court erred in sustaining a demurrer to…
2Cases cited24 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Jordan v. StateSupreme Court of Alabama · 1886
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Carroll v. StateSupreme Court of Alabama · 1853
19 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Henderson by Hartsfield v. Alabama PowerSupreme Court of Alabama · 1993
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Burton v. StateSupreme Court of Alabama · 1896
- Fidelity-Phenix Fire Ins. Co. of New York v. MurphySupreme Court of Alabama · 1936
56 more not listed; retrieve them via the Exa API.