Western Railway v. McPherson
Alabama Court of Appeals
Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Action by N. B. McPherson against the Western Railway of Alabama for damages to a cow. Judgment for plaintiff and defendant appeals.
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Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Action by N. B. McPherson against the Western Railway of Alabama for damages to a cow. Judgment for plaintiff and defendant appeals. Count 1 of the complaint as originally filed is as folfows: “Plaintiff claims of the defendant, which is a corporation organized under the laws of Alabama, and doing business in Chambers county, in said state, the sum of $50 as damages, for that heretofore, on, to wit, on and prior to January 1, 1902, defendant was engaged in the operation by steam, of a railway between the cities of West Point,…
1Opinion of the CourtWalker, P. J.
There is nothing in the averments of the amended first count of the complaint, which were descriptive of the transaction complained of, to. indicate or suggest that they did anything more than vary the description of the transaction originally counted on. That amended count was not subject to any objection which might have been available to the defendant on that account if it had constituted a departure from the original complaint.—Kansas City, Memphis & Birmingham R. Co. v. Cobb, 102 Ala. 356, 14 South. *383763; Louisville & Nashville R. Co. v. Woods, 105 Ala. 561, 17 South. 41.
That count of…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. WoodsSupreme Court of Alabama · 1894
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Western Ry. v. McPhersonSupreme Court of Alabama · 1906
- Curry v. Southern Railway Co.Supreme Court of Alabama · 1906
- Kansas City, Memphis & Birmingham Railroad v. CobbSupreme Court of Alabama · 1893