Postal Telegraph Cable Co. v. Hulsey
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. Eobert T. Hulsey sued the Postal Telegraph Cable Company to recover d'amages for personal injuries suffered by him while in the employ of appellant as a ‘ ‘tree chopper” along appellant’s right of way. The substance of the several counts of the complaint are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. Eobert T. Hulsey sued the Postal Telegraph Cable Company to recover d'amages for personal injuries suffered by him while in the employ of appellant as a ‘ ‘tree chopper” along appellant’s right of way. The substance of the several counts of the complaint are sufficiently stated in the opinion. To the complaint the defendant interposed the • following demurrer: “Comes the defendant and demurs to the complaint in this cause and to each count thereof separately and severally, and sets down and assigns the following…
1Opinion of the CourtHead, J.
The demurrers to the complaint were all general, and, but for the institution of count number *202six, which states no cause of action at al], would have been properly overruled for that reason, without considering any other. The demurrers go to each count, separately. Count number six shows that plaintiff was a fellow servant with Cobbs, who was charged with the negligence which caused the injury, and yet.fails to bring the negligent conduct of Cobbs within either of the grounds or causes of action specified in the Employer’s Liability Act. The cases, within that act, to which the count more…
2Cases cited7 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Johnson v. StateSupreme Court of Alabama · 1893
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Smoot v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- McGuff v. StateSupreme Court of Alabama · 1946
- Pollard v. RogersSupreme Court of Alabama · 1937
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
24 more not listed; retrieve them via the Exa API.