Alabama Great Southern R. Co. v. Moore
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Sam L. Moore against the Alabama Great Southern Railroad Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Sam L. Moore against the Alabama Great Southern Railroad Company. Judgment for plaintiff, and defendant appeals. Counts A and B of the complaint read: “(A) The plaintiff claims of the defendant the sum of $200 damages, for that one of defendants engineers, whose name is unknown to the'plaintiff, on, to wit, about the 13th day of July, 1921, while operating a locomotive ox-train of cars over and along the track of the defendant’s railroad at or near McOalla, in Jefferson county, Ala., negligently ran said locomotive…
1Opinion of the CourtSamford, J.
[1,2] The rule for pleading^ negligence has been so often stated it would' seem to be unnecessary here to restate it. Very general averments of negligence are sufficient in pleading, but facts must be alleged from which a duty naturally follows to plaintiff, a breach of that duty, and injury and damage following as a proximate result. 10 Mitchie’s Dig. 594, par. 53; Camp Transfer Co. v. Davenport, 15 Ala. App. 507, 74 South. 156. Neither counts A or B meet the requirements of the rule. The demurrer to each count should have been sustained.
The evidence was not sufficient to authorize a…
2Cases cited1 opinion
- J. T. Camp Transfer Co. v. DavenportAlabama Court of Appeals · 1916
3Cited by1 opinion
- Davidson v. StateSupreme Court of Alabama · 1924