Western Ry. v. McPherson
Supreme Court of Alabama
Appeal from. Chambers Circuit Court. Heard before Hon. S. L. Brewer. The complaint in this case is in the following language: “The plaintiff claims of the defendant, which is a corporation organized under the laws of the State of Alabama and doing business in Chambers county, the sum of fifty dollars ($50.00), for this, to-wit: That defendant was engaged in the operation by steam of a railway between the cities of West Point, Ga., and Montgomery, Ala., on and prior to…
Read the full summary
Appeal from. Chambers Circuit Court. Heard before Hon. S. L. Brewer. The complaint in this case is in the following language: “The plaintiff claims of the defendant, which is a corporation organized under the laws of the State of Alabama and doing business in Chambers county, the sum of fifty dollars ($50.00), for this, to-wit: That defendant was engaged in the operation by steam of a railway between the cities of West Point, Ga., and Montgomery, Ala., on and prior to January 1, 1903, and that its engineer did not keep a proper lookout, did not ring his bell nor blow his whistle, and did so…
1Opinion of the CourtDenson, J.
The complaint in its averments is -sufficient, and not subject to the demurrer made to it. Therefore the demurrer was properly overruled. It must, be remembered, too, that the case of S. & N. Ala. Ry. Co. v. Schafner, 78 Ala. 567, relied on by counsel for appellant, was decided with reference to a statute (section 1711 of the code of 1876) which has been repealed by omission from the codes subsequent to 1876. — Western Ry. of Ala. v. Sistrunk, 85 Ala. 352, 5 South. 79.
The defendant pleaded the general issue and five spec*433ial pleas, upon all of which issue was joined. The bill of exceptions is…
2Cases cited6 opinions
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
- Choate v. Southern Railway Co.Supreme Court of Alabama · 1898
- Alabama Great Southern Railroad v. BoydSupreme Court of Alabama · 1899
- Central of Georgia Railway Co. v. StarkSupreme Court of Alabama · 1899
- Southern Railway Co. v. ReavesSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- Moehlenbrock v. Parke, Davis & Co.Supreme Court of Minnesota · 1918
- Hockensmith v. WintonAlabama Court of Appeals · 1914
- Central of Georgia Ry. Co. v. IsbellSupreme Court of Alabama · 1916
- Bugg v. GreenSupreme Court of Alabama · 1926
13 more not listed; retrieve them via the Exa API.