Holmes v. Birmingham Southern R. R.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellant, Peter Holmes, by his next friend, against the Birmingham Southern Railroad Company, to recover damages for personal injuries alleged to have been sustained by the plaintiff by reason of the negligence of the defendant or its employes. The substance of the several counts of the complaint is sufficiently shown in the opinion.
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Appeal from tbe Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellant, Peter Holmes, by his next friend, against the Birmingham Southern Railroad Company, to recover damages for personal injuries alleged to have been sustained by the plaintiff by reason of the negligence of the defendant or its employes. The substance of the several counts of the complaint is sufficiently shown in the opinion. The defendant pleaded the general issue and several special pleas. Among the special pleas Avere the following: “4. Further answering each count of…
1Opinion of the CourtHaralson, J.
The complaint consists of fourteen counts. The 1st, 2d, 3d, 7th, 8th, 9th and 14th, count upon the simple negligence of the defendant; and the 10th, 11th, 12th and 13th, count upon the wantonness of defendant in inflicting the injury.
There were demurrers interposed to the first twelve counts, but these do not appear to have been acted upon. When counts 13 and 14 were added by amendment, defendant demurred to each of them, and these do not appeal’ to have been passed on. The defendant filed pleas to each count of the complaint, taking issue thereon, and pleaded specially, to counts 13 and 14,…
2Cases cited5 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Georgia Pacific Railroad v. PropstSupreme Court of Alabama · 1887
- Yeomans v. Contra Costa Steam Navigation Co.California Supreme Court · 1872
- Broslin v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
3Cited by6 opinions
- Thompson v. N. C. & St. L. RailwaySupreme Court of Alabama · 1909
- New York Lubricating Oil Co. v. PuseyCourt of Appeals for the Second Circuit · 1914
- Tennessee Coal, Iron & R. R. v. WilliamsonSupreme Court of Alabama · 1909
- Grissom v. A. & B. Air Line Ry.Supreme Court of Alabama · 1907
- L. & N. R. R. v. MorrisSupreme Court of Alabama · 1912
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