Louisville & Nashville Railroad v. Wynn
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hou. D;. W. Speake. Action by Tom Winn against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Morgan Circuit Court. Heard before Hou. D;. W. Speake. Action by Tom Winn against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. The third count was as follows: “Plaintiff claims of defendant $2,000 'as damages, for that heretofore, on the 4th day of January, 1905, plaintiff was an employe of the defendant in its railroad shop in the town of New Decatur, Alabama, and in the course of his employment it became his duty to assist in unloading a barrel filled with brass borings or. scrap brass, weighing, to wit, 1,000 pounds, from a certain…
1Opinion of the CourtDowdell, C. J.
The motion to strike the bill of exceptions on the stated ground, namely, that the order of extension for signing same, made by the presiding judge in vacation, though within the time of a previous order to the same effect, was after an appeal had been taken to this court, is without merit.—Capital City Insurance Co. v. Cofield, 131 Ala. 198, 31 South. 37.
The complaint originally filed contained three counts; but the first count was subsequently withdrawn, and no questions therefore arise as to this count. The judgment entry recites that the second count was amended, and as amended was…
2Cases cited3 opinions
- Woodward Iron Co. v. AndrewsSupreme Court of Alabama · 1896
- Leader v. MattinglySupreme Court of Alabama · 1903
- Capital City Insurance v. CofieldSupreme Court of Alabama · 1901
3Cited by10 opinions
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- Louisville & Nashville R. R. v. HandleySupreme Court of Alabama · 1911
- Sovereign Camp, W. O. W. v. DennisAlabama Court of Appeals · 1920
- Pratt Consolidated Coal Co. v. DavidsonSupreme Court of Alabama · 1911
- Roden v. CapehartSupreme Court of Alabama · 1915
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