Legal Opinion

Curry v. Southern Railway Co.

Supreme Court of Alabama

Decided November 15, 1906PublishedCited by 10 opinions

Action for Dunnages for Killing a Hog. Appeal from Hale Circuit Court. Heard before Hon. John Moore. This is an action begun by M. Curry as administrator against the Southern Railway Company, claiming damages for killing a hog, the property of intestate. The court sustained demurrers to counts 4 and B, as amended, and from this action of the court this appeal is prosecuted.

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Action for Dunnages for Killing a Hog. Appeal from Hale Circuit Court. Heard before Hon. John Moore. This is an action begun by M. Curry as administrator against the Southern Railway Company, claiming damages for killing a hog, the property of intestate. The court sustained demurrers to counts 4 and B, as amended, and from this action of the court this appeal is prosecuted. The pleadings are sufficiently set out in the opinion. — When the former appeal in this case (133 Ala. 482) was reversed by this court the entire judgment in the circuit court was annulled and vacated.- — -Fountain, et al.…

1Opinion of the CourtWeakley, C. J.

— In disposing of this case it will be sufficient to deal with those assignments, of error-which complain of the sustaining of the demurrers to-amended count 4 and count B as last amended, which counts had been filed and amended by leave of the court. We have not been favored with a brief for appellee, and hence are not advised as to which grounds of the demurrers induced the judgment of the court,.nor which are-specially relied on to support the judgment sustaining-the demurrers.

Count 4, as amended, claims damages for the killing of a hog of the plaintiff by an engine of the defendant, which…

2Cases cited9 opinions

  1. Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
  2. Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
  3. Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
  4. Choate v. Southern Railway Co.Supreme Court of Alabama · 1898
  5. Louisville & Nashville Railroad v. HawkinsSupreme Court of Alabama · 1890

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3Cited by10 opinions

  1. Weston v. National Manufacturers & Stores Corp.Supreme Court of Alabama · 1950
  2. Alabama Great Southern Railroad Co. v. JohnstonSupreme Court of Alabama · 1967
  3. Pyle v. PizitzSupreme Court of Alabama · 1926
  4. Bridwell v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1933
  5. Blackmon v. Chrysler Motors Corporation, Inc.Supreme Court of Alabama · 1975

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