Louisville & Nashville Railroad v. Stewart
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by Mrs. A. M. Stewart against the Louisville & Nashville Eailroad Company, to recover damages for personal injuries sustained by the plaintiff while riding a bicycle, which injuries were alleged to have been caused by reason of the negligence of the defendant or its employós.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by Mrs. A. M. Stewart against the Louisville & Nashville Eailroad Company, to recover damages for personal injuries sustained by the plaintiff while riding a bicycle, which injuries were alleged to have been caused by reason of the negligence of the defendant or its employós. The complaint, as originally filed, contained eleven counts; a twelfth count being added 'by way of amendment. Demurrers were sustained to the first count, and on motion of the plaintiff, the court struck the ninth…
1Opinion of the CourtSharpe, J.
Recitals in this record relating to demurrers to pleadings are not such as to constitute judgments disposing of the demurrers, and under the practice established by previous decisions the matters assigned for error based on such recitals cannot be reviewed. — Jasper Mer. Co. v. O’Rear, 112 Ala. 247; McKissick v Witz, 120 Ala. 412; Blankenship v. Owens, 27 So. Rep. 947; Hereford v. Combs, 126 Ala. 369; Bessemer L. & I. Co. v. DuBose, 125 Ala. 442.
Recovery is sought for injuries sustained by the plaintiff in being thrown from a bicycle by colliding with defendant’s engine on Eighteenth street…
2Cases cited12 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Alabama Power Co. v. EdwardsSupreme Court of Alabama · 1929
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Carpenter v. WalkerSupreme Court of Alabama · 1910
25 more not listed; retrieve them via the Exa API.