Reiter-Connolly Mfg. Co. v. Hamlin
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Dlsqtje. This is an action for damages on account; of the death of appellee's intestate, who was an employe of appellant, and the original complaint contained six counts. Demurrers were sustained to all of these counts, and the complaint was amended by filing an amended count number five and adding count seven, eight and nine.
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Appeal from Gadsden City Court. Heard before Hon. John H. Dlsqtje. This is an action for damages on account; of the death of appellee's intestate, who was an employe of appellant, and the original complaint contained six counts. Demurrers were sustained to all of these counts, and the complaint was amended by filing an amended count number five and adding count seven, eight and nine. Demurrers were interposed tó the amended count and was sustained to all the counts except five and nine, and overruled as to these. The complaint was further amended by adding counts 10, 11, and 12. Demurrers…
1Opinion of the CourtSimpson, J.
This is an action for damages on account of the death of appellee’s intestate, who was an employe of appellant.
The first assignment of error insisted upon by counsel for appellant is that the court erred in overruling the demurrer to the ninth count of' the complaint. There was no error in this action of the court; said count distinctly alleges the facts necessary to constitute negligence, in accordance with the decisions of this court. Conrad v. Gray, 109 Ala. 130, 19 South. 398; Ensley Ry. Co. v. Chewning, 93 Ala. 24, 9 South. 458; L. & N. R. R. Co. v. Hawkins, 92 Ala. 241, 9 South. 271.
*213Coun…
2Cases cited18 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Smithwick v. Hall & Upson Co.Supreme Court of Connecticut · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Wright v. McCordSupreme Court of Alabama · 1920
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
33 more not listed; retrieve them via the Exa API.