Louisville N. R. Co. v. Bartee
Supreme Court of Alabama
'Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by Ellen Bartee against the Louisville & Nashville Railroad for damages for trespass. Judgment for the plaintiff, and the defendant appeals.
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'Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by Ellen Bartee against the Louisville & Nashville Railroad for damages for trespass. Judgment for the plaintiff, and the defendant appeals. Count 2 is as follows: Count 2. Plaintiff claims of the defendant the like sum of $5,000 as damages, for that on, to wit, the 30th day of July, 1917, the defendant, by and through its agent, E. S. Hinds, who was thereunto duly and expressly authorized iu the premises, maliciously trespassed upon that certain house ou Cain street, in Decatur, Ala., and known as the Vought house, of which…
1Opinion of the CourtMcGLELLAN, J.
[I, 2] The appellee sued the appellant for damages consequent upon an alleged trespass committed by appellant’s agent, Elmer Hinds. The allegations of the second count (the substance of which will be reproduced in the report of the appeal) cast it in the category of counts held, in City Delivery Co. v. Henry, 139 Ala. 161, 166, 167, 34 South. 389, followed in Ex parte L. & N. R. R. Co., 203 Ala. 328, 83 South. 52, among others, to charge an act directly authorized by the corporation. There was no evidence supporting this effect of the allegations of the count. The doctrine of error without…
2Cases cited7 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- McNeil v. Munson S. S. LinesSupreme Court of Alabama · 1913
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Snedecor v. PopeSupreme Court of Alabama · 1904
- Ex Parte Louisville & N. R. Co.Supreme Court of Alabama · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- New Morgan County Building & Loan Ass'n v. PlemmonsSupreme Court of Alabama · 1923
- Paterson & Edey Lumber Co. v. Carolina-Portland Cement Co.Supreme Court of Alabama · 1927
- Kuykendall v. EdmondsonSupreme Court of Alabama · 1922
- Brabazon v. Joannes Bros.Wisconsin Supreme Court · 1939
7 more not listed; retrieve them via the Exa API.