Geo. Pacific Railway Co. v. Davis
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the • appellee, Thos. F. Davis, against the appellant railway company, and sought to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant in allowing a rock to project too far in one of the cuts on its road way.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the • appellee, Thos. F. Davis, against the appellant railway company, and sought to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant in allowing a rock to project too far in one of the cuts on its road way. There were two counts in the complaint, and to each of these counts the defendant demurred, and its demurrer was overruled by the court. The substance of these demurrers, and the rulings of the court thereon, and all the facts, as…
1Opinion of the CourtMcOLELLAN, J.
1. The objection taken by the demurrer to the first count of the complaint as amended is, that it does not sufficiently specify the defect in defendant’s roadway which caused the injury complained of. The averment in this regard is that “ the defendant, by its neglect- and want of care, allowed its roadway to be and become greatly out of repair, unsafe and dangerous . . . and by reason thereof the plaintiff, while in said employ [as a brakeman], and in the performance of his duties as such brakeman, was violently struck against a projecting rock,” and thereby suffered the injuries on account…
2Cases cited30 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
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3Cited by60 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
55 more not listed; retrieve them via the Exa API.