Western Railway v. Arnett
Supreme Court of Alabama
■Appeal from the City Court of. Montgomery. Tried before the Hon. A. I). Sayre. This was an action brought by the appellee, W. T. Arnett, against the appellant, The Western Railway of Alabama, in which the plaintiff claims .$5,000.00 for personal injuries received by him while in the employment and service of the defendant as section hand or laborer on the track of defendant’s road.
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■Appeal from the City Court of. Montgomery. Tried before the Hon. A. I). Sayre. This was an action brought by the appellee, W. T. Arnett, against the appellant, The Western Railway of Alabama, in which the plaintiff claims .$5,000.00 for personal injuries received by him while in the employment and service of the defendant as section hand or laborer on the track of defendant’s road. The complaint contained four counts, and the averments of negligence as contained in said counts are as follows: The first count charges that while plaintiff was riding on a hand car and supporting himself by…
1Opinion of the CourtHaralson, J.
1. The defendant demurred to the counts in the complaint, which were overruled. Errors were assigned for the overruling of these demurrers, hut they are not insisted on in argument, and are therefore waived. The samel is true of the ruling of the court in striking pleas 7 and 9, the basis of assignment of error numbered 4.
It, may be said as to sustaining the demurrers to pleas 2, 3, and 8, that if -any of the grounds were properly sustained, the assignment of error cannot he allowed, for the reason that, it. is. not, based upon these rulings severally, hut upon them as a whole. Sustaining the…
2Cases cited7 opinions
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- Bank of Guntersville v. WebbSupreme Court of Alabama · 1895
- Folmar v. SilerSupreme Court of Alabama · 1902
- Coleman v. Pike CountySupreme Court of Alabama · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
- Illinois Cent. R. Co. v. JohnstonSupreme Court of Alabama · 1920
- Turner v. BlantonSupreme Court of Alabama · 1965
- Aetna Life Insurance v. LasseterSupreme Court of Alabama · 1907
20 more not listed; retrieve them via the Exa API.