Smith v. East Tenn. Va. & Ga. R. R.
Supreme Court of Alabama
Appeal from Anniston City Court. Tried before the Hon. B. É. Cassady. Appellant insisted that an action for an amount due from a railroad company for killing a calf was but an imperfect statement of a claim for damages, and under the liberal system of amendments in this State, the plaintiff should have been permitted to perfect his complaint, by stating that, the killing was caused by the negligence of the defendant; that it is especially permissible since said imperfect…
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Appeal from Anniston City Court. Tried before the Hon. B. É. Cassady. Appellant insisted that an action for an amount due from a railroad company for killing a calf was but an imperfect statement of a claim for damages, and under the liberal system of amendments in this State, the plaintiff should have been permitted to perfect his complaint, by stating that, the killing was caused by the negligence of the defendant; that it is especially permissible since said imperfect complaint was filed in a justice’s court, where strictness of pleading is not insisted upon, and the amendment was offered…
1Opinion of the CourtColeman, J.
The action began in the Justice Court; and so far as the transcript shows, judgment was rendered for plaintiff upon an “account stated, $10.00.” The cause was brought to the City Court by statutory writ of certiorari ; and stood for trial dé novo. The cause of action filed in the City Court was, that “plaintiff claimed of the defendant ten dollars due by • account June, 1891, for calf killed;” and that was amended by adding, “by engine East Tenn. Va. & Ga. R. R., and that by the negligence or carelessness of the engineer on said engine.” The defendant moved to strike the complaint from the…
2Cases cited6 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Freeman v. SpeegleSupreme Court of Alabama · 1887
- Chambers v. SeaySupreme Court of Alabama · 1888
- Wilson v. StewartSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921