Legal Opinion

Southern Railway Co. v. Jackson

Supreme Court of Alabama

Decided November 15, 1901PublishedCited by 6 opinions

Appeal from tbe Circuit Court of Calboun. Tried before tbe Hou. John Pelham. This was an action brought by tbe appellee, J. M. Jackson, against tbe Southern Railway Company, to recover damages for personal injuries. Tbe complaint as amended contained six counts.

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Appeal from tbe Circuit Court of Calboun. Tried before tbe Hou. John Pelham. This was an action brought by tbe appellee, J. M. Jackson, against tbe Southern Railway Company, to recover damages for personal injuries. Tbe complaint as amended contained six counts. Each of tbe counts of tbe complaints averred that tbe plaintiff was in tbe employment of tbe defendant and at tbe time of receiving tbe injuries complained of was in tbe discharge of bis duties as conductor of a SAvitch engine A hich was being operated in tbe defendant’s yard; that tbe “injuries Avere caused by reason of tbe…

1Opinion of the CourtSharpe, J.

Following precedents set in Gassenheimer v. Marietta Paper Co., 127 Ala. 183, and L. & N. R. R. Co. v. Hall, 131 Ala. 161, the motion to strike the bill; of exceptions from the record of this cause will be granted. The bill violates rule 33 of circuit court practice, in that it contains much of what is in substance repitition of testimony besides much that is not testimony such as remarks of the judge and of counsel, questions not answered and rulings not excepted to and which are wholly unnecessary to be considered in passing on the questions presented for review. It seems to contain a…

2Cases cited4 opinions

  1. Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
  2. Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
  3. Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
  4. Gassenheimer Paper Co. v. Marietta Paper Manufacturing Co.Supreme Court of Alabama · 1899

3Cited by6 opinions

  1. Turner v. ThorntonSupreme Court of Alabama · 1915
  2. Hester v. CantrellSupreme Court of Alabama · 1910
  3. Lucas v. MaysAlabama Court of Appeals · 1911
  4. Collins v. Vaughn Realty Co.Supreme Court of Alabama · 1928
  5. J. H. Arnold & Co. v. Pinckard & LayAlabama Court of Appeals · 1918

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