Montgomery Traction Co. v. Fitzpatrick
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before I-Ion. A'. D. Sayre. Action by P. Fitzpatrick against tbe Montgomery Traction Company. Judgment for plaintiff, and defendant appeals. A complaint cannot be amended by adding a new connt which either changes the form of action or introduces an entirely new canse of action. — Malum v. Smithernum, 71 Ala. 56; A la. Gt. Southern R. R. Go. v. Smith, 81 Ala. 229; Louisville S Nashville R. R. Go. v. Woods, 105 Ala. 561; Gent, of Ga.
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Appeal from Montgomery City Court. Heard before I-Ion. A'. D. Sayre. Action by P. Fitzpatrick against tbe Montgomery Traction Company. Judgment for plaintiff, and defendant appeals. A complaint cannot be amended by adding a new connt which either changes the form of action or introduces an entirely new canse of action. — Malum v. Smithernum, 71 Ala. 56; A la. Gt. Southern R. R. Go. v. Smith, 81 Ala. 229; Louisville S Nashville R. R. Go. v. Woods, 105 Ala. 561; Gent, of Ga. Ry. Co. v. Foshee, 125 Ala. 199; Holland v. Southern Express Go., 114 Ala. 128; Springfield Fire S Marine Ins. Co•. v.…
1Opinion of the Court
SIMPSON, J. —
This was an action by the appellee (plaintiff) against the appellant (defendant). The complaint originally had but one count, which claimed damages because the plaintiff “was * * * wrongfully ejected therefrom (that is, from defendant’s street car) by the company’s conductor, motorman, servant, or agent in charge of said car.”' This complaint was amended, by adding a count alleging that plaintiff was a passenger on the defendant’s “Electric Park car”; that he paid his fare and applied to the conductor for a transfer for himself and friend to go< out on the Court Street car; that…
2Cases cited9 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Bradshaw v. South Boston RailroadMassachusetts Supreme Judicial Court · 1883
- Mohr v. LemleSupreme Court of Alabama · 1881
- Hedge v. WilliamsCalifornia Supreme Court · 1901
- Southern Railway Co. v. JonesSupreme Court of Alabama · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1911
- Louisville & Nashville Railroad v. ThomasonAlabama Court of Appeals · 1912
- Louisville N. R. Co. v. CrickSupreme Court of Alabama · 1928
- Morrill v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1908
- Birmingham Ry., L. & P. Co. v. SmithAlabama Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.