Louisville & Nashville Railroad v. Mothershed
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before Hon. W. W. Wilkinson. Wade H. Mothershed brought suit against the Louisville & Nashville Railroad Company for injuries received while in its service by reason of the alleged negligence of defendant. The complaint contained three counts to which a fourth was added, as an amendment. The first alleged that the injury was caused by a defect in the machinery and track of defendant.
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Appeal from City Court of Birmingham. Tried before Hon. W. W. Wilkinson. Wade H. Mothershed brought suit against the Louisville & Nashville Railroad Company for injuries received while in its service by reason of the alleged negligence of defendant. The complaint contained three counts to which a fourth was added, as an amendment. The first alleged that the injury was caused by a defect in the machinery and track of defendant. The second that it was caused by the negligence of a person in the employ of defendant, in charge of an engine, and the third that it was caused by a person in the…
1Opinion of the CourtColeman, J.
— The action was brought to recover damages for personal injuries. The jury assessed plaintiff’s damages at ten thousand dollars. The complaint contains four counts. Demurrers were interposed to the complaint as a whole, and to each count separately, all of which were overruled by the court. Afterwards additional grounds of demurrer were assigned, but the record fails to show any ruling of the court upon the additional assignments. We presume the defendant waived his right to have the court pass upon those filed subsequent to the ruling of the court upon the demurrer. Issue was then joined…
2Cases cited4 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Highland Avenue Belt Railroad v. WaltersSupreme Court of Alabama · 1890
3Cited by36 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Mayberry v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1907
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
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