Atlantic Coast Line R. Co. v. Ballard
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Eugene Ballard against the Atlantic Coast Line Railroad Company for damages for personal injury. Judgment for plaintiff, and defendant appeals. The injuries are alleged to have been sustained by plaintiff on February 4, 1916, by being struck on the head by a falling safety gate operated and maintained by the Atlantic Coast.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Eugene Ballard against the Atlantic Coast Line Railroad Company for damages for personal injury. Judgment for plaintiff, and defendant appeals. The injuries are alleged to have been sustained by plaintiff on February 4, 1916, by being struck on the head by a falling safety gate operated and maintained by the Atlantic Coast. Line Railroad Company, as a result of the defendant’s negligence in the conduct of its business, while plaintiff was upon a public street in the city of Tampa, Fla. Defendant filed two pleas in…
1Opinion of the CourtSomeryille, J.
[1] Every reasonable intendment, not contradicted by the face of the pleadings, will be made in favor of the jurisdiction of the circuit court. Hence a plea in abatement to the jurisdiction must allege facts which exclude every condition under which jurisdiction may be lawfully exercised by that court. Willard v. Zehr, 215 Ill. 148, 155, 74 N. E. 107; Moore v. Morris, 142 Ind. 354, 355, 41 N. E. 796; Cavin v. Hill, 83 Tex. 73, 18 S. W. 323. The authorities seem to go even further than this, and to require also that the true jurisdiction be affirmatively laid in the proper court. Fields v.…
2Cases cited13 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Guarantee Co. of North America v. First National Bank of LynchburgSupreme Court of Virginia · 1898
- Cavin v. HillTexas Supreme Court · 1892
- McClain v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1913
- Nevills v. ShortridgeCalifornia Supreme Court · 1905
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3Cited by7 opinions
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- Seaboard Air Line Railway Co. v. EbertSupreme Court of Florida · 1931
- Broadcast Service of Mobile, Inc. v. Local 1264, International Brotherhood of Electrical WorkersSupreme Court of Alabama · 1963
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