Louisville N. R. Co. v. Shikle
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County; Robt. C. Brickell, Judge- Action by W. M. Shikle against the Louisville & Nashville Railroad Company and another. From judgment for plaintiff, defendants appeal. The plea in abatement was good under the General Orders of the Director General of Railroads and Acts 1919, p. 240. (D. C.) 253 Fed. 676. - The motion to substitute the Director General as the party defendant, or to dismiss the cause, should have been granted.
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Appeal from Circuit Court, Cullman County; Robt. C. Brickell, Judge- Action by W. M. Shikle against the Louisville & Nashville Railroad Company and another. From judgment for plaintiff, defendants appeal. The plea in abatement was good under the General Orders of the Director General of Railroads and Acts 1919, p. 240. (D. C.) 253 Fed. 676. - The motion to substitute the Director General as the party defendant, or to dismiss the cause, should have been granted. (C. C. A.) 267 Fed. 171; (D. C.) 258 Fed. 945; (D. C.) 260 Fed. 280. See, also, Transportation Act Feb. 28, 1920, § 206; (Tex. Civ.…
1Opinion of the CourtThomas, J.
The suit, brought on September 13, 1919, in Cullman county, for personal injury alleged to have been sustained on September 15, 1918, in .Jefferson county, resulted in judgment for, plaintiff. The count us amended was by appellee against Louisville & Nashville Railroad Company, a body corporate, and Berry Hill, the servant in charge at the point of injury.
The judgment entry recites that demurrer was sustained to defendant’s plea in abatement, said plea being—
“That this court is without jurisdiction to try and determine this cause, for that the plaintiff has a permanent residence in Jefferson…
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