Seaboard M'f'g. Co. v. Woodson
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before tbe Hon. ¥i. E. ClabKE. Tbis case bas been once before beard in tbis court, and is reported in 94 Ala. 143, where tbe facts are fully stated. On tbe second trial (tbe present) of tbis case in tbe Circuit Court, tbe plaintiff’s complaint embraced six counts, wbicb were demurred to, tbe court sustaining demurrers to tbe last three.
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Appeal from Mobile Circuit Court. Tried before tbe Hon. ¥i. E. ClabKE. Tbis case bas been once before beard in tbis court, and is reported in 94 Ala. 143, where tbe facts are fully stated. On tbe second trial (tbe present) of tbis case in tbe Circuit Court, tbe plaintiff’s complaint embraced six counts, wbicb were demurred to, tbe court sustaining demurrers to tbe last three. These counts are substantially as set out in tbe report of tbis case in 94 Ala. supra, except that it is averred in tbe third count that plaintiff was engaged in tbe service of tbe defendant as a fireman and was injured…
1Opinion of the CourtColeman, J.
It is unnecessary to consider the questions growing out of the contention as to whether the third count of the complaint was amended before the trial. The case must be reversed upon other grounds, and if the counts, to which demurrers were sustained, had not been amended, which is not decided, this objection can be obviated on another trial. Assuming that the third count of the complaint presented a triable issue, we find no error in that portion of the general charge predicated upon the third count to which an exception was reserved. The record informs us that the court as a part of its…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Morris v. C., B. & Q. R. Co.Supreme Court of Iowa · 1876
- Hawes v. Kansas City Stock-Yards Co.Supreme Court of Missouri · 1890
- Seaboard Manuf'g Co. v. WoodsonSupreme Court of Alabama · 1891
- Hall v. City of Fond du LacWisconsin Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
- Birmingham Rolling Mill Co. v. RockholdSupreme Court of Alabama · 1904
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
- Alabama G. S. R. R. v. FlinnSupreme Court of Alabama · 1917
- Sloss-Sheffield Steel & Iron Co. v. StewartSupreme Court of Alabama · 1911
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