Alabama Great Southern Railroad v. Davis
Supreme Court of Alabama
Appeal from Gadsden City Court. Tried before Hon. John H. Bisque. On December 5, 1893, the appellee, J. M. Davis, brought the present suit against the Alabama Great Southern Railroad Company.
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Appeal from Gadsden City Court. Tried before Hon. John H. Bisque. On December 5, 1893, the appellee, J. M. Davis, brought the present suit against the Alabama Great Southern Railroad Company. The complaint contains nine counts, the substance of which are as follows: 1. “The plaintiff claims of the defendant, which is a corporation under the laws of Alabama, the sum of ten thousand dollars as damages, for that whereas the defendant was engaged in the business of operating a railroad in Etowah County, Alabama; that the plaintiff Avas at the time of the injuries complained of an employe of…
1Opinion of the CourtHead, J.
Action for damages against the railroad company for personal injuries.
We hold, upon due consideration, that none of the counts of the complaint are subject to the demurrers assigned to them, though some of us were inclined to think too much indefiniteness and uncertainty, in stating the relation Avhich the plaintiff bore to the defendant’s service at the time he was injured, and hOAV the injury was inflicted, characterized some of the counts. Pleadings ought to be clear and explicit in their averments. We, hoAvever, qualify the above statement so far as it applies to one objection raised to…
2Cases cited5 opinions
- Ashurst v. PeckSupreme Court of Alabama · 1893
- Birmingham Railway & Electric Co. v. AllenSupreme Court of Alabama · 1892
- Birmingham Railway & Electric Co. v. BaylorSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. BouldinSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. StuttsSupreme Court of Alabama · 1894
3Cited by27 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
- Cahaba Coal Co. v. ElliottSupreme Court of Alabama · 1913
- Sloss Iron & Steel Co. v. TilsonSupreme Court of Alabama · 1904
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