Alabama Fuel & Iron Co. v. Bush
Supreme Court of Alabama
Appeal from Circuit 'Court, Jefferson County; D. A. Green, Judge. Action by Pearl Bush, pro ami, against the Alabama Fuel & Iron Company, for damages for personal injuries. Judgment for the plaintiff, and the defendant appeals.
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Appeal from Circuit 'Court, Jefferson County; D. A. Green, Judge. Action by Pearl Bush, pro ami, against the Alabama Fuel & Iron Company, for damages for personal injuries. Judgment for the plaintiff, and the defendant appeals. The counts as amended are a & follows: Count 1. Plaintiff claims of the defendant the sum of $5,000 for that heretofore on, to wit, the 7th day of May, 1918, the defendant’s servant or agent while acting within the line and scope of his authority was driving a' wagon and team owned by the defendant along a public road at or near the defendant’s mine in Acton, Ala., and…
1Opinion of the CourtThomas, J.
The action was for personal injury under count 1, as amended, and count 3. Demurrers to said counts being overruled, defendant filed a plea of general issue in short by consent, with leave to plaintiff to reply. B. R. L. & P. Co. v. Littleton, 201 Ala. 141, 143, 77 South. 565. The reporter will set out said counts.
[1-3] Cardinal rules of pleading are that the matter pleaded or facts alleged must be (1) sufficient in law to avail the party who pleads it, and (2) alleged or deduced according to the forms of law. Will’s Gould on Pleading, pp. 2, 3, 192, 361. A cause of action is made up of a…
2Cases cited28 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
23 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
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- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Feore v. TrammelSupreme Court of Alabama · 1924
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