Stanton v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hub bard. This action was brought by W. W. Stanton, against the L. & N. Railroad Company, to recover damages, as alleged in the first count of the complaint, “for the destruction and injury of a certain mare, buggy and harness, the property of plaintiff, caused by reason of the negligence and omissions of duty of defendant’s agents of servants by wrongfully obstructing the public road crossing over…
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Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hub bard. This action was brought by W. W. Stanton, against the L. & N. Railroad Company, to recover damages, as alleged in the first count of the complaint, “for the destruction and injury of a certain mare, buggy and harness, the property of plaintiff, caused by reason of the negligence and omissions of duty of defendant’s agents of servants by wrongfully obstructing the public road crossing over defendant’s railroad, and running another one of its trains up and across said crossing while so obstructed by the first, at…
1Opinion of the CourtColeman, J.
All pleadings must be as brief as is consistent with perspicuity and the presentation of the facts, or matter to be put in issue, in an intelligible form. No objection can be allowed for defect in form, if facts are so presented that a material issue in law or fact can be taken by the adverse party. — Oode, § 2664. In the case of the South & North Ala. R. R. Co. v. Thompson, the complaint contained *385two counts, neither of which avers any special acts or omissions as constituting negligence. Each contained the general averment that the injury complained of was the result of the negligence or…
2Cases cited1 opinion
- Whitney v. Maine Central RailroadSupreme Judicial Court of Maine · 1879
3Cited by25 opinions
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Southern Railway Co. v. CrawfordSupreme Court of Alabama · 1909
- A. G. S. R. R. v. VailSupreme Court of Alabama · 1904
- Alabama Consolidated Coal & Iron Co. v. CowdenSupreme Court of Alabama · 1911
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