Currie v. Louisville N. R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Escambia County; A. E. Gamble, Judge. Action by Carrie K. Currie, doing business as tbe Atmore Milling & Elevator Company, against the Louisville & Nashville Railroad Company. Judgment for defendant, and plaintiff appeals. The trial court erred in overruling demurrers to plea Z. 17 Ala.
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Appeal from Circuit Court, Escambia County; A. E. Gamble, Judge. Action by Carrie K. Currie, doing business as tbe Atmore Milling & Elevator Company, against the Louisville & Nashville Railroad Company. Judgment for defendant, and plaintiff appeals. The trial court erred in overruling demurrers to plea Z. 17 Ala. App. 35, 81 South. 417; 204 Ala. 150, 85 South. 372; 119 Miss. 328, 80 South. 770, 4 A. L: R. 1680; 208 Mich. 403, 175 N. W. 580, 8 A. L. R. 969 ; 86 W. Va. 192, 103 S. E. 206, 10 A. L. R. 956; Crim. v. L. ,& N., ante, p. 110, 89 South. 376. Trial court erred in overruling…
1Opinion of the CourtMiller, J.
This suit was filed by Carrie IC. Currie, doing business as the Atmore Milling & Elevator Company, against the Louisville & Nashville Railroad Company, a corporation.
The cause of action arose when the United States government had control of and was operating the railroad.
[1] The defendant filed plea in substance that when the injury occurred its railroad and train were in the exclusive possession and control of the United States government, operated for the government by the Director General of Railroads under an act of Congress (U. S. Comp. St. § 1974a), that, before the suit was filed, the…
2Cases cited7 opinions
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Leaird v. MooreSupreme Court of Alabama · 1855
- Davis Avenue Railroad v. MallonSupreme Court of Alabama · 1876
- Rarden Mercantile Co. v. WhitesideSupreme Court of Alabama · 1905
- Charlton v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1921
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Davis v. L. L. Cohen & Co.Supreme Court of the United States · 1925
- Hines v. MiniardSupreme Court of Alabama · 1922
- Philadelphia Life Ins. Co. v. BurgessDistrict Court, E.D. South Carolina · 1927
- Mills v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1922
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