Going v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Eayette Circuit Court. Heard before Hon. Bernard Harwood. Action by John Going by next friend against the Southern Railroad Company for damages for injury while an employee. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from Eayette Circuit Court. Heard before Hon. Bernard Harwood. Action by John Going by next friend against the Southern Railroad Company for damages for injury while an employee. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 419, § 6. The following is the complaint: Count 1: After stating the relation Of the parties, and that on the day of the accident plaintiff was a hand on the repair train of defendant, and that at or near Alta, in Eayette county, while plaintiff was so engaged, he was struck by a large piece of coal near or on…
1Opinion of the CourtGardner, J.
Suit by appellant against appellee, for recovery of damages for injuries sustained while a member of a ditching or construction crew of the defendant company. The minute entry discloses that the cause proceeded to trial upon counts 2, 3, 4, 5, and 6 *668of the complaint as amended, bnt counts 4 and 5 nowhere appear in this record.(1) Count 1 appears to be very vague and indefinite, and the amendment thereto did not tend to aid it in this respect, and we are of the opinion that the demurrer to said count, as originally framed and as amended, was properly sustained.(2) Count 6, as originally…
2Cases cited13 opinions
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. ChambleeSupreme Court of Alabama · 1910
- Georgia Pacific Railroad v. PropstSupreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. WoodsSupreme Court of Alabama · 1894
- Culver v. Alabama Midland Railway Co.Supreme Court of Alabama · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Southern Ry. Co. v. MillerSupreme Court of Alabama · 1933
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Reich v. . ConeSupreme Court of North Carolina · 1920
- Illinois Cent. R. Co. v. ElliottAlabama Court of Appeals · 1919
2 more not listed; retrieve them via the Exa API.