Atlantic Coast Line R. Co. v. Thomas
Alabama Court of Appeals
Appeal from Circuit Court, Pike County; W. L. Longshore, Judge. Amandh Thomas sues the Atlantic Coast Line Railroad Company for damages for per'sonal injuries. There was judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Pike County; W. L. Longshore, Judge. Amandh Thomas sues the Atlantic Coast Line Railroad Company for damages for per'sonal injuries. There was judgment for plaintiff, and defendant appeals. Count 2 of the complaint reads: “(2) The. plaintiff . claims of the defendant; the sum of $1,000 as damages for that on, to wit, the 2d day of July, 1921, the defendant was engaged in the business of a common carrier of passengers for hire, propelling cars by steam in Pike county, Ala.; that on, to wit, the 2d day of July, 1921, plaintiff was a passenger on one of the trains of…
1Opinion of the CourtSamford, J.
[1] The only error insisted on in brief as to the court’s rulings on the pleadings is that the allegations describing plaintiff’s injuries in counts 4 and 5 are not sufficient. The complaint alleges: “Her arm was broken and she was otherwise seriously injured.” This was a sufficient allegation of injuries growing out of and connected with the broken arm, but would not authorize proof of other injuries not connected with the broken arm. The cases cited by appellant were not so definite.
[21 The second count charged wantonness as the direct act of the corporation, and, while there was perhaps…
2Cases cited4 opinions
- Ex Parte Louisville & N. R. Co.Supreme Court of Alabama · 1919
- Birmingham Railway Light & Power Co. v. HayesSupreme Court of Alabama · 1907
- Newberry v. AtkinsonSupreme Court of Alabama · 1913
- Louisville N. R. Co. v. LaceyAlabama Court of Appeals · 1919
3Cited by1 opinion
- Pigford v. HowseMississippi Supreme Court · 1928