Alabama Great Southern Railroad v. Burgess
Supreme Court of Alabama
'Appeal from the Circuit Court of Etowah. Tried before the Hon. James J. Banks. On October 12, 1894, the appellee, Telly John Burgess, who sues by his next friend, L.E. Burgess, brought the present action against the appellant, the Alabama Great Southern Railroad Company, to recover damages for personal injuries.
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'Appeal from the Circuit Court of Etowah. Tried before the Hon. James J. Banks. On October 12, 1894, the appellee, Telly John Burgess, who sues by his next friend, L.E. Burgess, brought the present action against the appellant, the Alabama Great Southern Railroad Company, to recover damages for personal injuries. The complaint as filed contained six counts; but, as is stated in the opinion, the cause was tried upon the second and fifth counts of the complaint, which' were as follows : “2. Plaintiff claims of the defendant twenty-five thousand dollars as damages, for that defendant on or about…
1Opinion of the Court
HEAD, J. —
Action against the Railroad Company for personal injuries. The case was tried upon the general issue to the second and fifth counts of the complaint— *594the other counts haying been withdrawn, which' carried with them, of course, the special pleas which were directed to those counts only. No special pleas were filed to the second and fifth counts.
There was no merit in the demurrers to these two counts. The second shows sufficiently that the defendant’s servants or agents committed the injury wantonly, willfully or intentionally ; hence it is not material that it also shows that…
2Cases cited3 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Tesney v. StateSupreme Court of Alabama · 1884
3Cited by35 opinions
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- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
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- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
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