J. C. Carland & Co. v. Burke
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by R. I. Burke, as administrator, against J. C. Car-land & Co. and another. Judgment for plaintiff, and defendants appeal.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by R. I. Burke, as administrator, against J. C. Car-land & Co. and another. Judgment for plaintiff, and defendants appeal. Suit by plaintiff, as administrator of the estate of E. C. Burke, deceased, for recovery of damages of the defendants, J. C. Car-land & Co., and the South & North Alabama Railroad Company, for the death of plaintiff’s intestate, alleged to have been caused by the negligence of the servants or employees of defendants, while engaged in the work of excavating along the railroad company’s right of way,…
1Opinion of the CourtGardner, J.
This appeal is upon the record only; the motion to establish the bill of exceptions having been previously denied.(1) It is insisted by counsel for appellant that there was reversible error in overruling the demurrer to counts 3 and 4 of the complaint. There appears in the record what purports to be counts 3 and 4, although neither is signed by counsel nor marked filed. Waiving this deficiency for the purpose of this case, however, it is to be noted that the demurrer addressed thereto reads as follows: “To the third and fourth counts as amended on the 15th day of September, 1914.” The…
2Cases cited12 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Kansas City Suburban Belt Railway Co. v. HermanSupreme Court of the United States · 1902
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Parsons v. Age-Herald Pub. Co.Supreme Court of Alabama · 1913
- Southern Ry. Co. v. ArnoldSupreme Court of Alabama · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ledbetter-Johnson Company v. HawkinsSupreme Court of Alabama · 1958
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- Alabama Power Co. v. FergusenSupreme Court of Alabama · 1920
- Moss v. StateAlabama Court of Appeals · 1917
- Wright-Nave Contracting Co. v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1924
5 more not listed; retrieve them via the Exa API.