Southern Railway Co. v. Burgess
Supreme Court of Alabama
Appeal from Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellee, Cora Burgess, against the appellant, to recover damages for personal injuries alleged to have been sustained by her, while a passenger on a freight train of the defendant.
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Appeal from Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellee, Cora Burgess, against the appellant, to recover damages for personal injuries alleged to have been sustained by her, while a passenger on a freight train of the defendant. The complaint, after alleging the relation of carrier and passenger, alleged that “The defendant so negligently conducted. itself in and about said business, that, while plaintiff! was engaged in or about disembarking from said train at North Birmingham, said train was struck, shaken or jolted, and plaintiff…
1Opinion of the CourtDenson, J.
While the averment of negligence in the complaint is general, it is made with a sufficient degree of certainty under the liberal rules of pleading recognized by the Code, § 3285. As has been frequently said by this Court, “When the aravamen of the action is the alleged non-feasance or misfeasance of another, as a general rule it is sufficient if the complaint aver the facts out of which the duty to act springs, and the defendant negligently failed to do and perform. -It- is not necessary to define the quo modo, or to specify the particular acts of diligence he should have employed in the…
2Cases cited26 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
21 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- Birmingham Railway, Light & Power Co. v. MurphyAlabama Court of Appeals · 1911
19 more not listed; retrieve them via the Exa API.