Laughran v. Brewer
Supreme Court of Alabama
Action by Employe against Employer to recover Damages for Personal Injuries. Appeal from the Circuit Court of Jefferson. This action was brought by the appellant, James J. Laughran, against the appellee, William P. Brewer, to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant or his employes. The complaint, as originally filed, contained four counts.
Read the full summary
Action by Employe against Employer to recover Damages for Personal Injuries. Appeal from the Circuit Court of Jefferson. This action was brought by the appellant, James J. Laughran, against the appellee, William P. Brewer, to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant or his employes. The complaint, as originally filed, contained four counts. The first count alleged that on November 2, 1893, the defendant was operating and running a manufacturing establishment for the making of paints ; that said establishment had machinery of various…
1Opinion of the CourtHaralson, J.
1. The first count is one for simple negligence under the common law. When construed by the rules for pleading under that system, this count is entirely too general and lacking in averments of facts upon which an issue could be taken. But that rule has been greatly relaxed .under our Code system of pleading, in cases where the cause of action consists in the non-performauce or misperformance of a duty. In such cases, the rule as now obtaining is, “When the gravamen of the action is the alleged non-feasance or misfeasance of another, as a general rule, it is sufficient if the complaint avers…
2Cases cited16 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
- Thacker v. Chicago, Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1902
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- Huyck v. McNerneySupreme Court of Alabama · 1909
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1900
15 more not listed; retrieve them via the Exa API.