Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This case is reported in 79 Ala. 338, under the name of Montgomery <& Eufaula Railway Co. v. Chambers & Abercrombie.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This case is reported in 79 Ala. 338, under the name of Montgomery <& Eufaula Railway Co. v. Chambers & Abercrombie. The action was brought by the railroad company, against Chambers & Abercrombie as partners, and the Montgomery Gas-Light Company, a private corporation, to recover damages on account of injuries to a moving train of cars, caused by a collision with several empty cars which were standing on a side-track, and alleged to have been left there by the negligence of the defendants, their servants and…
1Opinion of the CourtSomerville, J.
The rule of the common law was, that in actions ex contractu a discontinuance as to one or more of several defendants, without sufficient legal excuse therefor, operated to discontinue the whole action. — Reynolds v. Simpkins, 67 Ala. 378; Mock v. Walker, 42 Ala. 668. But, in actions ex delicto, the plaintiff could disconi tinue as to one or more defendants, and maintain his action against the remaining defendants, without discontinuing the whole suit. — 5 Amer. & Eng. Encyc. Law, 676; U. S. v. Linn, 1 How. (U. S. 104; Weakley v. Rogers, 3 Watts (Pa.), 460. This could be done, even after…
2Cases cited11 opinions
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Hare v. FullerSupreme Court of Alabama · 1845
- Mock v. WalkerSupreme Court of Alabama · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Centraal Stikstof Verkoopkanter, N. v. V. Walsh Stevedoring Company, Inc.Court of Appeals for the Fifth Circuit · 1967
28 more not listed; retrieve them via the Exa API.