Alabama Midland Railway Co. v. McDonald
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. This was an action brought by the appellee, John F. McDonald, as the administrator of the estate of Jesse L. McDonald, deceased, against the Alabama Midland Railway Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate.
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Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. This was an action brought by the appellee, John F. McDonald, as the administrator of the estate of Jesse L. McDonald, deceased, against the Alabama Midland Railway Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate. The first count of the amended complaint was as follows : ‘ ‘The plaintiff claims of the defendant the sum of one hundred thousand dollars ($100,000) damages for that whereas heretofore, to-wit, on the 14th day of October, 1891, the plaintiff’s son, Jesse L.…
1Opinion of the CourtMoCLELLAN, J.
This action is prosecuted by the administrator of Jesse McDonald, who was a brakeman in the employment of the defendant railway company and was killed in such service, to recover damages for his death. The complaint as amended and as it stood at the trial contained two counts, the first count as amended, and the fourth original count. The defendant interposed a demurrer to the first count as amended. This was overruled by the court, and properly so; the count was not open to any of the specifications of demurrer assigned against it.
The first count sought a recovery on the alleged negligence…
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