Davis v. L. & N. R. R.
Supreme Court of Alabama
This was an action by Steven W. Davis and his wife against the Louisville & Nashville Railroad Company for damages for killing a mare, the joint property of plaintiffs, by the wrongful act of defendant’s servants in the careless and negligent operation and running of defendant’s locomotive and. train. The defendant pleaded, 1st. “Not guilty” 2nd.
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This was an action by Steven W. Davis and his wife against the Louisville & Nashville Railroad Company for damages for killing a mare, the joint property of plaintiffs, by the wrongful act of defendant’s servants in the careless and negligent operation and running of defendant’s locomotive and. train. The defendant pleaded, 1st. “Not guilty” 2nd. “That prior to the institution of this suit a suit had already been instituted between the same parties, standing upon like principles and supported ou like evidence, in a court of competent jurisdiction.” This plea was subsequently amended to read…
1Opinion of the CourtHead, J.
When a plea is frivolous or unduly prolix, it may, on motion, stating the ground, be stricken from the file. Lindsey v. Morris & Co. 100 Ala. 546 ; Code §2665. And when a plea contains redundant, surplus, scandalous or other improper matter, the elimination of which not changing the legal effect of the plea, such ob-jectional parts maybe stricken out, on like motion.. But these motions are addressed to the discretion of the trial court; and when causes for their allowance exist, the refusal of the court to allow them is not revisable here. As the party pleading can take nothing, on the trial,…
2Cases cited3 opinions
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Perry v. MarshSupreme Court of Alabama · 1854
- Lindsay v. MorrisSupreme Court of Alabama · 1892
3Cited by8 opinions
- W. L. Weller & Sons v. RensfordSupreme Court of Alabama · 1914
- Kelley v. OsbornSupreme Court of Alabama · 1959
- Reynolds v. LawrenceSupreme Court of Alabama · 1906
- Spencer v. Malone Freight Lines, Inc.Supreme Court of Alabama · 1974
- Jones v. RussellSupreme Court of Alabama · 1921
3 more not listed; retrieve them via the Exa API.