Western Ry. v. Foshee
Supreme Court of Alabama
Appeal from Lee Law and Equity Court. Action by Nancy R. Fosbee against tbe Western Railway of Alabama. From a judgment for plaintiff, defendant appeals.
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Appeal from Lee Law and Equity Court. Action by Nancy R. Fosbee against tbe Western Railway of Alabama. From a judgment for plaintiff, defendant appeals. Tbe following are tbe counts of tbe complaint referred to: “(4) Plaintiff claims of defendant $25,000 as damages for that heretofore, to wit, October 20, 1911, defendant was a common carrier of passengers by means of a train upon a railroad running from Opelika to Millstead, Ala., and plaintiff’s fare had been paid to defendant for being carried by defendant on said train from Opelika to Millstead, and plaintiff was on said train as…
1Opinion of the CourtSayre, J.
— Under the act creating the Lee county court Qf law and equity, this case was brought here for a review of the rulings on the pleadings in advance of a submission to the jury. As we read count 4 of the amended complaint, it avers negligence antedating the sudden and violent jolting or jarring of the car in which plaintiff was a passenger, a negligence which, operating through the alleged sudden jolt or jar of the car, caused plaintiff’s injury. True, the negligence is averred in a most general way. It is that defendant was guilty of negligence in or about carrying plaintiff as its passenger;…
2Cases cited13 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Standidge v. Chicago Railways Co.Illinois Supreme Court · 1912
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Birmingham Railway Light & Power Co. v. WeathersSupreme Court of Alabama · 1909
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ethel West Cotnam v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1959
- Jones v. BellSupreme Court of Alabama · 1917
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Bell v. BellSupreme Court of Alabama · 1926
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
18 more not listed; retrieve them via the Exa API.