Ruffin Coal & Transfer Co. v. Rich

[1] The statement of the case sets out the complaint as amended. Defend ant’s demurrer was properly overruled. The locus in quo of the accident is described as “on Second avenue, near Fourth street, in the city of Birminglíam, Jefferson county, Ala.,” and this was sufficient to apprise the defendant of the place of the negligence complained of, to the end that its defense might be intelligently prepared. In some of the cases cited by defendant to this point definite location, as for example, whether plaintiff was on defendant’s railroad track, was necessary in order to show a duty owing from…