Southern Railway Co. v. Stewart
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by Adelaide E. Stewart, administratrix, against the Southern Railway Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by Adelaide E. Stewart, administratrix, against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. The second count is as follows: “Plaintiff, as said administratrix, claims of the defendant, the Southern Railway Company, a corporation, the sum of $1,999, as damages, for this: The defendant, on or about the 30th day of April, 1905, was engaged in operating a railroad in this county and running trains thereon for the transportation of passengers and freight; that on said date one of…
1Opinion of the CourtDowdell, J.
— The second count of the complaint was not subject to the demurrer interposed by the defendant. In cases of this character it has been frequently decided by this court that, after stating facts show*137ing a duty, very general averments of negligence are held sufficient on demurrer to the complaint. — L. & N. R. R. Co. v. Marbury Tnunber Co., 125 Ala. 237, 28 South. 438, 50 L. R. A. 620; Central of Ga. Ry. Co. v. Foshee, 125 Ala. 199, 27 South. 1006. The negligence relied on in the second and third counts of the complaint Avas negligence of the defendant’s servant or servants after discovery of…
2Cases cited6 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Duncan v. St. Louis & San Francisco RailroadSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Elba Wood Products, Inc. v. BrackinSupreme Court of Alabama · 1978
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1930
- Louisville & Nashville R. R. v. BogueSupreme Court of Alabama · 1912
17 more not listed; retrieve them via the Exa API.