McDougal v. Alabama Great Southern R. Co.
Supreme Court of Alabama
1Opinion of the CourtAnderson, C. J.
Where there are separate and distinct torts, inflicting separate and several injuries, each furnishing a separate and distinct cause of action, and to which there may be separate and different defenses, they may be joined in the same complaint, but should be presented by separate counts. Sou. R. R. v. McIntyre, 152 Ala. 223, 44 South. 624; Sloss Co. v. Mitchell, 167 Ala. 226, 52 South. 69; Highland R. R. v. Dusenberry, 94 Ala. 413, 10 South. 274.
Count 4 of the present complaint charges that the defendant’s conductor “wrongfully caused the plaintiff to be carried by and beyond his said…
2Cases cited5 opinions
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Sloss Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Southern Railway Co. v. McIntyreSupreme Court of Alabama · 1907
- Central of Ga. Ry. Co. v. MorganSupreme Court of Alabama · 1909
- North Alabama Traction Co. v. DanielSupreme Court of Alabama · 1908
3Cited by7 opinions
- Peck v. HendersonSupreme Court of Alabama · 1928
- Vulcan Materials Company v. GraceSupreme Court of Alabama · 1963
- Wilkinson v. WrightSupreme Court of Alabama · 1933
- Bridwell v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1933
- Bradley & McWhirter, Inc. v. ConklanSupreme Court of Alabama · 1965
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