Western Ry. v. Russell
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. This- is an action for damages by tlie Administrator of Russell, an engineer in tbe employ of defendant, who was killed while operating a t-iain on defendant’s track. It is unnecessary to-.sfev-Out the complaint in full, as the action of tbe trial court upon tbe demurrers to tbe complaint was beld to be waived.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. This- is an action for damages by tlie Administrator of Russell, an engineer in tbe employ of defendant, who was killed while operating a t-iain on defendant’s track. It is unnecessary to-.sfev-Out the complaint in full, as the action of tbe trial court upon tbe demurrers to tbe complaint was beld to be waived. Tbe gravamen of tbe charge in tbe various counts is that tbe injury was caused by the negligence of defendant or its servants in maintaining a culvert; that tbe culvert was too- small to carry off tbe water-; that it was…
1Opinion of the CourtTyson, J.
This action is by the personal representative of Thomas J. Russell, deceased, to recover damages for alleged negligence on the part of defendant resulting-in his death.
The complaint as originally filed comprized six counts, and nine others were added by amendment. Counts eight and ten were withdrawn -and the trial was had on the remaining counts. To each count a demurrer was interposed which was overruled by the trial court. These several rulings are assigned as error. There is however no such insistence in brief of appellant’s counsel on these assignments of error as devolves upon us the…
2Cases cited14 opinions
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Bernhardt v. CurtisSupreme Court of Louisiana · 1902
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Kinnon v. L. & N. R. R.Supreme Court of Alabama · 1914
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Brooks v. City of BirminghamAlabama Court of Appeals · 1944
23 more not listed; retrieve them via the Exa API.