Mary Lee Coal & Railway Co. v. Chambliss
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. James B. Head. - The complaint in this case contained two counts and omitting other parts, the allegations of negligence are as follows: Eirst, Plaintiff avers that his said injuries and damages were caused by reason of defects in the condition of the ways, works, machinery or plant used in, or connected with the said business of defendant, viz: The said engine was defective, the means and appliances for stopping said…
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Appeal from Jefferson Circuit Court. Tried before Hon. James B. Head. - The complaint in this case contained two counts and omitting other parts, the allegations of negligence are as follows: Eirst, Plaintiff avers that his said injuries and damages were caused by reason of defects in the condition of the ways, works, machinery or plant used in, or connected with the said business of defendant, viz: The said engine was defective, the means and appliances for stopping said engine were defective, the said switch was defective, the throw of said switch was defective, the said track at or near…
1Opinion of the CourtColeman, J.
— The plaintiff’s action is in case, and brought to recover damages for personal injuries. The jury rendered a verdict for plaintiff and assessed his damages at ten thousand dollars. The complaint contains two counts, and to each count separate demurrers were filed. The rule is, that though the pleading may be subject to demurrer, if it be not subject to the objections particularly assigned the demurrer is properly overruled. — Sledge v. Swift, 53 Ala. 110; Daniels v. Hamilton, 52 Ala. 105; Eads v. Murphy, Ib. 520.
The first assignment of cause of demurrer goes to the sufficiency of the…
2Cases cited10 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. AdamsIndiana Supreme Court · 1886
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
30 more not listed; retrieve them via the Exa API.