Baker v. Atlanta B. & A. Ry. Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jacicson. Action by W. D. Baker against the Atlanta, Birmingham & Atlantic Railway Company, and others, for damage to crop. Judgment for defendant and plaintiff appeals. — The defendants were liable for the doing of an illegal and tortuous act by another which was according'to the 1st and 2nd counts of the complaint the acts of the defendant. — A. Al. B. R..
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Appeal from Bessemer City Court. Heard before Hon. William Jacicson. Action by W. D. Baker against the Atlanta, Birmingham & Atlantic Railway Company, and others, for damage to crop. Judgment for defendant and plaintiff appeals. — The defendants were liable for the doing of an illegal and tortuous act by another which was according'to the 1st and 2nd counts of the complaint the acts of the defendant. — A. Al. B. R.. Co. v. Grosky, 92 Ala. 257; Southern C. & F. Go. v. Adams, 131 Ala. 158; Jordan v. A. Q. S., 74 Ala. 85; L. &. N. v. AVhitman, 79 Ala. 328. Each count stated a good cause of…
1Opinion of the CourtMayfield, J.
— The original complaint contained two connts, to which two more were added by amendment. For the purposes of this appeal, it is unnecessary to notice or treat more than one of the counts, as each count is subject to the same defect pointed out in this opinion and in the demurrer to each.. Count three was as follows: “The. plaintiff claims of the defendant the further sum of one thousand dollars, damages. The plaintiff avers that on, to wit, October, 1907, and continuously for' some time thereafter in the year 1907, by and through the agents or contractors of the defendants, acting within the…
2Cases cited8 opinions
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Lovell v. DeBardelaben Coal & Iron Co.Supreme Court of Alabama · 1890
- Rome & Decatur Railroad v. ChasteenSupreme Court of Alabama · 1889
- Alabama Midland Railway Co. v. Martin & Bro.Supreme Court of Alabama · 1893
- Drennen & Co. v. SmithSupreme Court of Alabama · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Turner v. Westhampton Court, L.L.C.Supreme Court of Alabama · 2004
- Stovall v. Universal Const. Co., Inc.Supreme Court of Alabama · 2004
- Knight v. Burns, Kirkley & Williams Const. Co., Inc.Supreme Court of Alabama · 1976
- Dixie Stage Lines v. AndersonSupreme Court of Alabama · 1931
- State Farm Mutual Automobile Ins. Co. v. DoddSupreme Court of Alabama · 1964
9 more not listed; retrieve them via the Exa API.