Ala. Great Southern Railroad v. Tapia
Supreme Court of Alabama
Appear from the Circuit Court of Jefferson. Tried before the I-Ion. James B. Head. This action was brought by Joseph A. Tapia against the appellant corporation, to recover damages for the defendant’s wrongful act, through the conductor of one of its trains, on which plaintiff was travelling as a passenger from Eutaw to Birmingham, in ejecting him from the train, or compelling him to leave it, at Cottondale, an intermediate station; and was commenced on the 21st February,…
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Appear from the Circuit Court of Jefferson. Tried before the I-Ion. James B. Head. This action was brought by Joseph A. Tapia against the appellant corporation, to recover damages for the defendant’s wrongful act, through the conductor of one of its trains, on which plaintiff was travelling as a passenger from Eutaw to Birmingham, in ejecting him from the train, or compelling him to leave it, at Cottondale, an intermediate station; and was commenced on the 21st February, 1890. The complaint contained but a single count, which, after stating that plaintiff had bought and paid for a ticket from…
1Opinion of the CourtMcCLELLAN, J.
— The demurrers to the complaint were properly overruled; and this whether the legal positions taken by the demurrant were abstractly sound or not. Not one of the grounds assigned, nor all of them together, professed to answer, or did in fact answer the whole complaint, but each of them was addressed to its supposed insufficiency in respect of some one item or specification of damage; and none of them goes to the denial of the whole cause of action relied on by plaintiff. As was said in Kennon v. Western Union Telegraph Co. (92 Ala. 399): “Causes can not be determined by piecemeal on…
2Cases cited11 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- McNamara v. LoganSupreme Court of Alabama · 1893
- Mobile Light R. Co. v. TherrellSupreme Court of Alabama · 1921
- Treadwell v. TillisSupreme Court of Alabama · 1895
- Dunn & Lallande Bros. v. GunnSupreme Court of Alabama · 1906
20 more not listed; retrieve them via the Exa API.