Anniston Electric & Gas Co. v. Elwell
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before the Hon. John Pelham. This suit was brought by the appellee, E.- L. Elwell, against the appellant, and sought to recover damages alleged to have been caused the plaintiff in'his person, and also by injury to :his horse and wagon.
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Appeal from Calhoun Circuit Court. Heard before the Hon. John Pelham. This suit was brought by the appellee, E.- L. Elwell, against the appellant, and sought to recover damages alleged to have been caused the plaintiff in'his person, and also by injury to :his horse and wagon. The complaint, as amended, contained eight counts, the first of which, after setting out that the defendant at the time was operating a street car in the city of Anniston, alleged in effect, that such damage was caused by the defendant’s servant negligently caused a collision between its car and the wagon of the…
1Opinion of the CourtSimpson, J.
Taking up the assignments of error in the order suggested in appellant’s brief: The assignments on the overruling of the demurrer to the various counts, on the ground that said counts failed to allege in what county the injury occurred, if they were valid, were fully met by the amended complaint, which, in each count, alleges that the collision took place in the city of Anniston, Alabama, which city the court judicially knowis is in the county of Calhoun.
Counts 2, 3 and 4, as amended, and counts 5 and 6 allege that the occurrence was in a populous district, in the city of Anniston, where a…
2Cases cited14 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Birmingham Electric Co. v. TurnerSupreme Court of Alabama · 1941
- Southern Ry. Co. v. BenefieldSupreme Court of Alabama · 1911
- Birmingham Railway, Light & Power Co. v. LeachAlabama Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.