Southern Railway Co. v. Arnold
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, Thomas C. Arnold; against the Southern Railway Company, to recover damages for personal injuries, alleged to have been caused by reason of the negligence of the defendant or its employes.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, Thomas C. Arnold; against the Southern Railway Company, to recover damages for personal injuries, alleged to have been caused by reason of the negligence of the defendant or its employes. The sixth and seventh counts of the complaint were as follows : 6th. ‘ ‘The plaintiff claims of the defendant seven thousand, five hundred dollars as damages for that heretofore, on, to-wit, 12th April 1895, defendant was ■running and operating a certain steam locomotive engine and cars upon…
1Opinion of the Court
HARALSON, J. —
After the evidence was all in, the the court at the written request of the defendant, instructed the jury that they could not find a verdict for the plaintiff under any of the counts of the complaint except the 6th and 7th, and the case was submitted to them on the evidence under these two counts, and the pleas thereto. We may, therefore, properly pretermit all inquiry into the rulings of the court, on any of the counts except the two last named; for, if there was any error in those other rulings, it was cured by the last ruling in favor of defendant, eliminating all…
2Cases cited10 opinions
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Mary Lee Coal & Railway Co. v. ChamblissSupreme Court of Alabama · 1892
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Cremer v. Town of PortlandWisconsin Supreme Court · 1874
- Laughran v. BrewerSupreme Court of Alabama · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Birmingham Railway, Light & Power Co. v. BynumSupreme Court of Alabama · 1903
- Alabama Great Southern Railroad v. BrooksSupreme Court of Alabama · 1902
- Sloss-Sheffield Steel & Iron Co. v. ReidSupreme Court of Alabama · 1915
- Birmingham Fuel Co. v. StocksAlabama Court of Appeals · 1915
- Montgomery Light & Traction Co. v. HarrisSupreme Court of Alabama · 1916
1 more not listed; retrieve them via the Exa API.