Alabama Great Southern Railroad v. Chapman
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Samuel H. Speott. This action was brought by Eliza Chapman against the appellant, corporation, to recover damages for personal injuries, and was commenced on the 28th July, 1884. The original complaint contained but a single count, which alleged “that it was the duty of the defendant to run its trains with due care and skill, and in the manner and under the regulations prescribed by law; that on the 15th August,…
Read the full summary
Appeal from the Circuit Court of Sumter. Tried before the Hon. Samuel H. Speott. This action was brought by Eliza Chapman against the appellant, corporation, to recover damages for personal injuries, and was commenced on the 28th July, 1884. The original complaint contained but a single count, which alleged “that it was the duty of the defendant to run its trains with due care and skill, and in the manner and under the regulations prescribed by law; that on the 15th August, 1883, while plaintiff: was in a path which was then and there used by pedestrians, and had been for a long time, running…
1Opinion of the CourtSomerville, J.
This case has once before been
*455decided by this court on appeal.—Ala. Gr. So. R. R. Co. v. Chapman, 80 Ala. 615.
The only question rained on tlie present appeal is, that the amendments added to the original complaint introduced a new cause of action.
The gravamen of the original cause of action was the negligence of the defendant corporation, imputed by the negligence of the engineer in charge of the íailroad train, by which a cow was thrown from the track by the engine, and, after striking the ground, injured the plaintiff by coming in contact with her.
The amendments do not vary the cause of…
2Cases cited1 opinion
- Ala. Great Southern Railroad v. ChapmanSupreme Court of Alabama · 1886
3Cited by4 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
- Birmingham Furnace & Manufacturing Co. v. GrossSupreme Court of Alabama · 1892
- Ala. Great Southern Railroad v. Thomas & SonsSupreme Court of Alabama · 1889