Legal Opinion

Birmingham Furnace & Manufacturing Co. v. Gross

Supreme Court of Alabama

Decided July 1, 1892PublishedCited by 15 opinions

Appeal from City Court of Birmingbam. Tried before Hon. W. W. Wilrerson. Tlie complaint as originally filed contained six counts. By amendment two counts (7 and 8) were added to tbe complaint. Tbe defendant demurred to these counts on tbe. ground that they were barred by tbe statute of limitations. This demurrer was overruled. Tbe defendant demurred to tbe several counts of tbe complaint.

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Appeal from City Court of Birmingbam. Tried before Hon. W. W. Wilrerson. Tlie complaint as originally filed contained six counts. By amendment two counts (7 and 8) were added to tbe complaint. Tbe defendant demurred to these counts on tbe. ground that they were barred by tbe statute of limitations. This demurrer was overruled. Tbe defendant demurred to tbe several counts of tbe complaint. Tbe demurrer to the fifth count was confessed by tbe plaintiff, and said count was stricken from tbe complaint. Tbe other demurrers were overruled. Tbe defendant pleaded tbe general issue and contributory…

1Opinion of the CourtHead, J.

— Under the decisions of this court the second count of the complaint sets forth with sufficient certainty a cause of action under subdivision 1 section 2590 Code, and the demurrer to it was properly overruled.

The third plea was manifestly bad. It states simply that plaintiff’s intestate was guilty of contributory negligence, without averring that such negligence contributed proximately to the injury. The demurrer was properly sustained.

The demurrers to the pleas of the statute of limitations to seventh and eighth counts which were introduced by amendment were properly sustained. The matter…

2Cases cited2 opinions

  1. Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
  2. Alabama Great Southern Railroad v. ChapmanSupreme Court of Alabama · 1887

3Cited by15 opinions

  1. Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
  2. Thacker v. Chicago, Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1902
  3. Sloss-Sheffield Steel & Iron Co. v. MolbleySupreme Court of Alabama · 1903
  4. Huyck v. McNerneySupreme Court of Alabama · 1909
  5. Tidmore v. MillsAlabama Court of Appeals · 1947

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