City Delivery Co. v. Henry
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action was brought by the appellee, Lula Henry, against the appellant, the City Delivery Company, to recover damages for personal injuries caused to plaintiff by being knocked down by an ice wagon belonging to the defendant while in charge of and being driven by an employe of the defendant.
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Appeal from tlie City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action was brought by the appellee, Lula Henry, against the appellant, the City Delivery Company, to recover damages for personal injuries caused to plaintiff by being knocked down by an ice wagon belonging to the defendant while in charge of and being driven by an employe of the defendant. There were four counts in the complaint, but the aver-ments of these several counts necessary to an understanding of the decision on the personal appeal are sufficiently stated in the opinion. The defendant demurred to…
1Opinion of the CourtMcCLELLAN, C. J.
This action is prosecuted by Lula Henry against the City Delivery Co. and sounds in damages for personal injuries. The character and extent of plaintiff’s injuries are not indicated in the complaint further than is involved in the averments that they wore “serious,” and that she has suffered and will continue to suffer from them “both in body and mind.” In our opinion these averments are insufficient. The defendant haled into court to answer a complaint for having inflicted injuries upon the person of the plaintiff, and thus impleaded to defend both the wrong and the injury, and to compensate…
2Cases cited1 opinion
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
3Cited by115 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Sparks v. McCrearySupreme Court of Alabama · 1908
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
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