Southern Railway Co. v. Cunningham
Supreme Court of Alabama
Appeal from the City Court of Anderson. Tried before the Hon. James W. Lapsley. This appeal is taken from the rulings of the court below on the pleadings, as is provided for by the acts of the legislature establishing the city court at Anniston (Acts, 1888-89, p. 572). The action was brought by the appellee, James Cunningham, against the Southern Railway Company, the appellant. The complaint contains three counts.
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Appeal from the City Court of Anderson. Tried before the Hon. James W. Lapsley. This appeal is taken from the rulings of the court below on the pleadings, as is provided for by the acts of the legislature establishing the city court at Anniston (Acts, 1888-89, p. 572). The action was brought by the appellee, James Cunningham, against the Southern Railway Company, the appellant. The complaint contains three counts. The third count was as follows : “That on or about the 12th of November, 1895, plaintiff’s intestate wras in the employ of the" defendant as a work hand on a construction or 'work…
1Opinion of the CourtMcCLELLAN, J.
It lias come to be settled in this court that a count sounding in damages for personal injuries resulting from the negligence of a person in charge or control of any signal point, locomotive, &c. &c., must allege the name of such person, or that his name is unknown to the plaintiff. — Mobile & Ohio R. R. Co. v. George, 94 Ala. 199 ; McNamara v. Logan, 100 Ala. 187 ; L. & N. R. R. Co. v. Bouldin, 110 Ala. 185.
The assignments of demurrer to the third count of the complaint directed against the failure of said count to aver the name of such person, or that his name was unknown to plaintiff…
2Cases cited3 opinions
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- McNamara v. LoganSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. BouldinSupreme Court of Alabama · 1895
3Cited by10 opinions
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Woodward Iron Co. v. HerndonSupreme Court of Alabama · 1896
- Birmingham Railway & Electric Co. v. City Stable Co.Supreme Court of Alabama · 1898
- Hall v. EsslingerSupreme Court of Alabama · 1938
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