Louisville & Nashville R. R. v. Mason
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Thomas E. Mason against the Louisville & Nashville Railroad Company for damages for ejection. Judgment for plaintiff, and defendant appeals. Affirmed.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Thomas E. Mason against the Louisville & Nashville Railroad Company for damages for ejection. Judgment for plaintiff, and defendant appeals. Affirmed. Count 1 as amended is as follows: “Plaintiff claims of defendant $1,000 as damages and for cause of action plaintiff avers: That on, to wit, March 20, 1910, defendant was engaged in operating its passenger train over a railway line between Bessemer, Jefferson county, Ala., and Sumter, Jefferson county, Ala., and over what is known as the Birmingham Mineral Railroad…
1Opinion of the CourtThomas, J.
Upon the subsequent trial of this case, after its reversal here on former appeal (L. & N. R. R. Co. v. Mason, 4 Ala. App. 353, 58 South. 963), the first count of the complaint as then amended, which the reporter will set out, was demurred to on numerous grounds, among them being the ground — the only one insisted upon here as being good — that the count stated no cause of action, in that it failed to show or allege that the ejection complained of was Avrongful or unlawful. The demurrer was overruled, and in this we are of opinion that the trial court committed no error. The facts set forth in…
2Cases cited10 opinions
- Galveston v. KutacTexas Supreme Court · 1889
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
- Town of Greensboro v. EhrenreichSupreme Court of Alabama · 1886
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
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3Cited by1 opinion
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1915