Adams v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham. Action by Sara A. Adams against the Southern Railway Company. Prom a judgment for defendant, plaintiff appeals.
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Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham. Action by Sara A. Adams against the Southern Railway Company. Prom a judgment for defendant, plaintiff appeals. The first count in the complaint charges that the intestate was employed in the service of the defendant as a switchman in its yards in the ctiy of Anniston, Ala., and. while he was so employed and engaged in and about the discharge of his duties connected with said employment some of the servants, agents, or employes of the defendant, whose name or names are to plaintiff unknown, and who then and there had charge of…
1Opinion of the CourtSayre, J.
Plaintiff’s intestate came to his death as the result of injuries received while in the employment of the defendant. Suit was brought under the employer’s liability act. To the complaint as originally framed a number of amendatory counts were added, to all of which, except that numbered 20, demurrers were sustained. Such rulings as related to those added counts which charged simple negligence need not be considered. The original counts, upon which the case was tried, stated plaintiff’s case with such generality of averment as to permit proof of every variation al*455leged in the counts proposed…
2Cases cited11 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- Sloss-Sheffield Steel & Iron Co. v. MolbleySupreme Court of Alabama · 1903
- Louisville & Nashville Railroad v. MitchellSupreme Court of Alabama · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- Alabama Power Co. v. EdwardsSupreme Court of Alabama · 1929
- Central of Ga. Ry. Co. v. ChambersSupreme Court of Alabama · 1912
- Clark v. StateSupreme Court of Alabama · 1928
8 more not listed; retrieve them via the Exa API.