Mobile Light R. Co. v. Ellis
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; :Saf£old Berney, Judge. Action by James C. Ellis, Jr., against tbe Mobile Light & Railroad Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Mobile County; :Saf£old Berney, Judge. Action by James C. Ellis, Jr., against tbe Mobile Light & Railroad Company. Judgment for plaintiff, and defendant appeals. Count 2 of tbe complaint is as follows: Plaintiff claims of the defendant the further sum of $10,000 damages for that heretofore, to wit, on the 31st day of August, 1920, the defendant was the owner and operator of a certain street railway car, propelled by electric motive power, with a certain trailer car thereto attached, operated over the defendant’s line of railway on route from the city of Mobile, in…
1Opinion of the CourtGardner, J.
Plaintiff, appellee here, received an injury to his hand on one of defendant’s cars while attempting to board the same, and brought this suit to recover damages therefor. The cause was tried upon count 2, pleas of general issue, and contributory negligence, resulting in judgment for plaintiff, from which defendant prosecutes this appeal.
[1,2] Count 2 will appear in the report of the case. Its sufficiency was challenged by appropriate demurrer. The rule of course is well understood that pleading is to be construed most strongly against the pleader. It will appear that the count does not allege…
2Cases cited13 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Best Park & Amusement Co. v. RollinsSupreme Court of Alabama · 1915
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- Mobile Light R. Co. v. EllisSupreme Court of Alabama · 1923
- Central of Georgia Ry. Co. v. PurifoySupreme Court of Alabama · 1932
- Sovereign Camp, W. O. W. v. JacksonSupreme Court of Alabama · 1936