Louisville & Nashville Railroad v. Marbury Lumber Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. N. D. Dionson. This action was brought by the Marbury Lumber Company against the Louisville & Nashville Bailroad Company.
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Appeal from the Circuit Court of Autauga. Tried before the Hon. N. D. Dionson. This action was brought by the Marbury Lumber Company against the Louisville & Nashville Bailroad Company. The complaint contained three counts which were as follows: “1st .Plaintiff claims of defendant the sum of twenty-five hundred dollars ($2,500.00) as damages, for that heretofore, to-wit, the 13th day of January, 1897, the defendant negligently set fire to and destroyed, to-wit, seventy bales of cotton, the property of the plaintiff, located on the premises of the plaintiff of the value, to-wit, twenty-five…
1Opinion of the CourtTyson, J.
Tlie complaint contains three counts. Counts one and two are substantially the same. They are no more than legal conclusions. Not a single fact is alleged in either out of which any duty arose or was owing on the part of the defendant to the plaintiff, nor in Avhat the breach of duty consisted upon which the plaintiff predicates the defendant’s negligence. It would be difficult to frame counts more general, and containing less information to the defendant as to Avhat it is required to defend against than these. As to Avhether the plaintiff complains of the defendant for the negligent…
2Cases cited31 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
26 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- Lawson v. Mobile Electric Co.Supreme Court of Alabama · 1920
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Southern Ry. Co. v. ArnoldSupreme Court of Alabama · 1909
- Talley v. WhitlockSupreme Court of Alabama · 1916
87 more not listed; retrieve them via the Exa API.