Central of Georgia Railway Co. v. Fuller
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Heard before Hon. S:. L. Brewer. Action by Lelia Fuller, against the Central of Georgia Bailway Company. Judgment for plaintiff and defendant appeals. Charge 2, referred to, is the affirmative charge as to the sixth count.
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Appeal from Chambers Circuit Court. Heard before Hon. S:. L. Brewer. Action by Lelia Fuller, against the Central of Georgia Bailway Company. Judgment for plaintiff and defendant appeals. Charge 2, referred to, is the affirmative charge as to the sixth count. Count 6 is as follows: “Plaintiff claims of the defendant $2,000 damages for the following: The defendant owns and operates a railroad, and has been for some years owning and operating said railroad, as a common carrier, from a point 2y2 .miles east of Opelika, in Lee county, Alabama, to the town of Boanoke, in Bandolph county, Alabama,…
1Opinion of the CourtMcCLELLAN, J.
Action for personal injuries. Seven counts were at various times filed, but count 6 was the only one submitted to the jury. This count was added by amendment, and as a part of it count 2, down to and including the word “locomotive” in the fourteenth line of count 2 was adopted. Count 2, as copied in this transcript, does not show the word “locomotive” in the fourteenth line. Notwithstanding this confusion and indefiniteness, we have undertaken to interpret the amendment, making count 6, so as to render it intelligible, and to accord with the view of its phraseology as shown by briefs of…
2Cases cited6 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Alabama Great Southern Railroad v. FultonSupreme Court of Alabama · 1905
- Decatur Water Works Co. v. FosterSupreme Court of Alabama · 1909
- Oxford Lake Line Co. v. StedhamSupreme Court of Alabama · 1893
- McLemore v. City of West EndSupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Alabama Consolidated Coal & Iron Co. v. CowdenSupreme Court of Alabama · 1911
- Louisville & Nashville R. R. v. KellySupreme Court of Alabama · 1916
- Bradley v. WoodSupreme Court of Alabama · 1922
- Northern Alabama Ry. Co. v. Foster, Creighton, Gould Co.Supreme Court of Alabama · 1917
2 more not listed; retrieve them via the Exa API.