Southern Railway Co. v. Bunt
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. Tins action was brought by the appellee against the appellant. The material facts of the case necessary for an understanding of the decision on the present appeal are sufficiently stated in the opinion.
Read the full summary
Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. Tins action was brought by the appellee against the appellant. The material facts of the case necessary for an understanding of the decision on the present appeal are sufficiently stated in the opinion. After the introduction of all the evidence the bill of exceptions contains the following recital: “ Counsel for the plaintiff stated to the court and jury that they did not claim a (recovery in this’ cause upon the first, second, third, fourth or sixth counts of the complaint, but only claimed a recovery on the…
1Opinion of the CourtDowdell, J.
The appellee, John B. Bunt, sued the appellant railroad company to recover damages for personal injuries sustained by him 'while in the employment and service of said railroad company as a brakeman. The complaint contained six counts, all of "which charged simple negligence, except the 5th and 6th, in which it was attempted to charge wantonness. Upon the conclusion of the evidence in the case, the plaintiff stated to the court and jury that he would not *594claim a recovery on any of tlie counts in the complaint except the 5th count. The abandonment by the plaintiff of all the counts in the…
2Cases cited22 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
17 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
- Sims v. CallahanSupreme Court of Alabama · 1959
- Birmingham Ry. Light & Power Co. v. BrownSupreme Court of Alabama · 1907
26 more not listed; retrieve them via the Exa API.