Northern Alabama Ry. Co. v. Foster, Creighton, Gould Co.
Supreme Court of Alabama
Appeal from Circuit Court, Franklin County ; O. P. Almon, Judge. Action by tbe Foster, Creighton, Gould Company against tbe Northern Alabama Railway Company. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6.
1Opinion of the Court
McCLELLAN, j.
The plaintiff, appellee, was accorded a judgment against tbe defendant, appellant, for damages suffered by it through tbe injury of a mule belonging to tbe plaintiff.
[1] There were two counts in tbe complaint ; but tbe court, in its oral charge, affirmatively excluded tbe first count from tbe consideration of the jury. This precluded any possible error prejudicial to tbe defendant in overruling tbe demurrer to tbe first count. Tbe count’s sufficiency is therefore not considered. Tbe other count, tbe second, set forth that tbe means (not tbe negligence) whereby tbe mule was…
2Cases cited5 opinions
- Alabama Consolidated Coal & Iron Co. v. CowdenSupreme Court of Alabama · 1911
- Nashville, C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1912
- Central of Georgia Railway Co. v. FullerSupreme Court of Alabama · 1909
- Garth v. Nashville, Chattanooga & St. Louis Ry.Supreme Court of Alabama · 1914
- Nashville C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1908
3Cited by4 opinions
- Ledbetter-Johnson Company v. HawkinsSupreme Court of Alabama · 1958
- Atlanta, B. A. Ry. Co. v. BallardSupreme Court of Alabama · 1919
- Southern Ry. Co. v. PopejoySupreme Court of Alabama · 1926
- Ledbetter-Johnson Company v. HawkinsSupreme Court of Alabama · 1958