Freeman v. Central of Ga. Ry. Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action' by R. A. S. Freeman against the Central of Georgia Railway Company. Judgment for defendant, and plaintiff appeals. The 4th count as amended is in trespass and the statute of limitations of sis years is filed, and the court erred in overruled demurrer to the 11th plea in answer to it. — Gent, of Ga. Ry. Go. v. Freeman, 140 Ala. 581; Gity Del.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action' by R. A. S. Freeman against the Central of Georgia Railway Company. Judgment for defendant, and plaintiff appeals. The 4th count as amended is in trespass and the statute of limitations of sis years is filed, and the court erred in overruled demurrer to the 11th plea in answer to it. — Gent, of Ga. Ry. Go. v. Freeman, 140 Ala. 581; Gity Del. Go. v. Henry, 139 Ala. 161; Lambie, et al. v. 8loss J. & 8. Go., 118 Ala. 428. The cause of action set up by the 6th count as amended is Avithin the lis pendens. — L. & N. R. R.…
1Opinion of the CourtSimpson, J.
The original complaint in this case was filed October 8, 1899, containing five counts, and on *621appeal this court hold that the first, second, and third charged negligence, and that the fourth and fifth counts charged nothing; that the plea of contributory negligence was sustained, and the defendant was entitled to the affirmative charge. — C. of C. R. R. Co. v. Freeman, 134 Ala. 354, 32 South. 778. On October 25, 1902, the fourth count was amended by striking out the portion of it which had been condemned and leaving a simple count charging willfulness and wantonness on the part of the…
2Cases cited4 opinions
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Central of Georgia Railway Co. v. FreemanSupreme Court of Alabama · 1901
- Ala. Great So. R. R. v. SmithSupreme Court of Alabama · 1886
- Central of Georgia Railway Co. v. FreemanSupreme Court of Alabama · 1903
3Cited by6 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
- Birmingham Railway L. & P. Co. v. JungSupreme Court of Alabama · 1909
- Nashville C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1908
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
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