Southern Railway Co. v. Lynn
Supreme Court of Alabama
Arreal from the City Court of Birmingham. Tried before 'the Hon. Chas. A. Senn. This was an action brought by the appellee against the Southern Railway Company to recover, damages alleged to have been sustained by the unlawful ejectment of plaintiff, -while a passenger -on one of the trains of the defendant. The complaint as originally filed contained two counts, demurrers to which were overruled.
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Arreal from the City Court of Birmingham. Tried before 'the Hon. Chas. A. Senn. This was an action brought by the appellee against the Southern Railway Company to recover, damages alleged to have been sustained by the unlawful ejectment of plaintiff, -while a passenger -on one of the trains of the defendant. The complaint as originally filed contained two counts, demurrers to which were overruled. The third count of the complaint, which was added by amendment, a veined that the defendant was'.-operating a railroad as a common carrier, and then averred that on October 1, 1898, the defendant…
1Opinion of the CourtDowdell, J.
The complaint contained three counts, to which -the defendant filed two pleas, the first being" the plea of not guilty, which was a denial of the material allegations of the complaint (Code, § 3295) ; the second was a 'Special plea setting up independent matter in avoidance of plaintiff’s right of recovery. Every material allegation of the complaint, except the averment as to the rude manner in which the plaintiff was ejected from the oars, ivas sustained by the uncontradicted evidence in the case. The testimony was in conflict as to the matter set up in the second plea, which was that the…
2Cited by5 opinions
- United States Cast Iron Pipe & Foundry Co. v. WilliamsSupreme Court of Alabama · 1925
- Marsicano v. PhillipsAlabama Court of Appeals · 1912
- Birmingham Railway Light & Power Co. v. McDonoughSupreme Court of Alabama · 1907
- Louisville & Nashville R. R. v. MasonAlabama Court of Appeals · 1914
- Southern Railway Co. v. LynnSupreme Court of Alabama · 1900