Pierce v. Tennessee Coal, Iron & Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banics. This action was brought by the appellant against the appellee, to recover .damages for the breach of a certain contract. The substance of the contract sued upon, and the material allegations of the complaint, are sufficiently stated in the opinion. The defendant demurred to the complaint, assigning several grounds, the substance of which are stated in the opinion.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banics. This action was brought by the appellant against the appellee, to recover .damages for the breach of a certain contract. The substance of the contract sued upon, and the material allegations of the complaint, are sufficiently stated in the opinion. The defendant demurred to the complaint, assigning several grounds, the substance of which are stated in the opinion. The court sustained the demurrers interposed to the complaint, and upon the plaintiff declining to plead further, rendered judgment for the…
1Opinion of the CourtHead, J.
The plaintiff (appellant) sues for damages for the breach of a certain contract alleged to have been entered into by him and the defendant on June 4, 1890. The contract is in writing and set out in the complaint. It recites, substantially, that plaintiff, being in the service of defendant, while engaged in the duties of such service," was seriously hurt by a trip of tram cars being operated by defendant in its mine, and that plaintiff claimed that said injury was received by him under such circumstances as rendered the defendant *535liable to Mm for damages therefor, which claim the defendant…
2Cases cited1 opinion
- Trustees of Howard College v. TurnerSupreme Court of Alabama · 1882
3Cited by6 opinions
- Rhoades v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1901
- Price v. Western Loan & Savings Co.Utah Supreme Court · 1909
- Barton v. McDermottCalifornia Court of Appeal · 1930
- Downing v. WilliamsSupreme Court of Alabama · 1939
- Olympia Bottling Works v. Oylmpia Brewing Co.Oregon Supreme Court · 1910
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