Bryant v. Southern Railway Co.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Jackson. Tried before the Hon. A. H. Alston. Tins action was brought by the appellant, Alva F. Bryant, who was the administrator of the estate of William T. Borough, deceased, against the appellee, the Southern Railway Company, to' recover $2,000 for the alleged negligent, killing of 'tlhei plaintiffs intestate. The complaint contained two counts.
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Appeal from tlie Circuit Court of Jackson. Tried before the Hon. A. H. Alston. Tins action was brought by the appellant, Alva F. Bryant, who was the administrator of the estate of William T. Borough, deceased, against the appellee, the Southern Railway Company, to' recover $2,000 for the alleged negligent, killing of 'tlhei plaintiffs intestate. The complaint contained two counts. The caption of the complaint and the averments of the two counts as to the capacity in which the plaintiff sues, are sufficiently shown in the opinion. In the first count, of the complaint the plaintiff sought to…
1Opinion of the CourtHaralson, J.
1. When a complaint does not show a substantial cause of action, a judgment on it will be reversed on error, even if rendered upon a default, and there was no objection to it in the court below. Childress v. Mann, 33 Ala. 206.
Each count in a complaint is considered, as the statement of a different cause of action. — Maupay v. Holley, 3 Ala. 103; Childress v. Mann, 33 Ala. 206.
“The several .counts of a. declaration are regarded as its several parís or sections; and it is not only permissible, but often very proper, to avoid unnecessary repetition and perplexity, that one should refer to. the…
2Cases cited8 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Robinson v. DrummondSupreme Court of Alabama · 1854
- Blackman v. Moore-Handley Hardware Co.Supreme Court of Alabama · 1894
- Lowery v. DanielSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Ferrell v. RossSupreme Court of Alabama · 1917
- Southern Railway Co. v. DeckerCourt of Appeals of Georgia · 1908
- Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
15 more not listed; retrieve them via the Exa API.