Iron City Mining Co. v. Hughes
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before the Hon. John Peli-iam. This action ivas brought by the appellee, James A. Hughes, against the appellant, and sought to recover damages resulting from acts alleged to have been done by the defendant on its own premises. The complaint contained several counts, to some of Avhich demurrers Avere interposed, on grounds, among others, that the counts, respectively, joined claims for separate and distinct damages.
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Appeal from Calhoun Circuit Court. Heard before the Hon. John Peli-iam. This action ivas brought by the appellee, James A. Hughes, against the appellant, and sought to recover damages resulting from acts alleged to have been done by the defendant on its own premises. The complaint contained several counts, to some of Avhich demurrers Avere interposed, on grounds, among others, that the counts, respectively, joined claims for separate and distinct damages. The demurrers were overruled, and on issue joined there Avas verdict and judgment for the plaintiff. On the 12th day of January, 1904, time…
1Opinion of the CourtAnderson, J.
While, under our system of pleading as Avell as under the common law, counts for distinct and independent torts, of the same nature, and upon all of AAdiich the same judgment Avas to be given, could be joined in separate counts in the same action, there is no law permitting the plaintiff to unite in one count several torts, constituting distinct and separate causes of action. — A. G. S. R. R. Co. v. Shahan, 116 Ala. 302; L. & N. R. R. Co. v. Cofer, 110 Ala. 491; Dusenberry v. Railroad Co., 94 Ala. 413; Offield v. Wabash R. R., 22 Mo. App. 607; S. A. & M. Ry. v. Buford, 106 Ala. 303.
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2Cases cited7 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Alabama Great Southern Railroad v. ShahanSupreme Court of Alabama · 1896
- Louisville & Nashville Railroad v. CoferSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Clikos v. LongSupreme Court of Alabama · 1936
- Goodyear Tire & Rubber Co. of Alabama, Inc. v. Gadsden Sand & Gravel Co.Supreme Court of Alabama · 1946
- Southern Railway Co. v. McIntyreSupreme Court of Alabama · 1907
- Pensacola St. A. & Gulf S. S. Co. v. BrooksAlabama Court of Appeals · 1916
3 more not listed; retrieve them via the Exa API.