Southern Ry. Co. v. Arnold
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Alonzo K. Arnold and others, against the Southern Railway for damages. From a judgment against the Southern Railway it appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Alonzo K. Arnold and others, against the Southern Railway for damages. From a judgment against the Southern Railway it appeals. The- court erred in disallowing the petition for removal. — A. G. S. v. Thompson, 200 U. S. 206; O. N. O. & T. P. R. R. Co. v. Bohon, 200 U. S. 221. The attempt to plead a joint tort appears to have been done in bad faith, but the attempt was not successful since there can be no joint liability for separate and distinct wrongs of the defendants respectively, nor a joint liability for acts…
1Opinion of the CourtDowdell, C. J.
The suit was brought against the appellant, Southern Raihvay Company, and two others, the Sloss-Sheffield Steel & Iron Company and John Mc-Dougal. A verdict was returned against the former, the Southern Railway Company, and in favor of the two latter. A judgment was entered on this verdict, and *574from this judgment the Southern Railway Company appealed.
The action is in tort, and the complaint contained hut one count. The damages claimed are for injuries which the plaintiff received because of the alleged wrong of the defendants. After stating the manner in which the plaintiff was injured, and…
2Cases cited6 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. WangelinSupreme Court of the United States · 1890
- Richmond & Danville Railroad v. GreenwoodSupreme Court of Alabama · 1892
- Ensley Lumber Co. v. LewisSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
- Pollard v. RogersSupreme Court of Alabama · 1937
- F. W. Woolworth Co. v. EricksonSupreme Court of Alabama · 1930
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
35 more not listed; retrieve them via the Exa API.