Davis v. Miller
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. James T. Jones. This was an action by Sarah M. Miller, as administratrix of the estate of Rudolph'Miller, deceased, against Matthew L. Davis.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. James T. Jones. This was an action by Sarah M. Miller, as administratrix of the estate of Rudolph'Miller, deceased, against Matthew L. Davis. The opinion states the substance of the complaint.- The „defendant demurred to the first and second counts of the complaint on the grounds that it was not shown that the alleged injury was the direct and proximate result of any specific negligence on the part of the defendant, and that each count failed to aver with sufficient certainty in what the defect or imperfect condition consisted.…
1Opinion of the CourtMcCLELLAN, J.
This action sounds in damages for vhé death of plaintiff’s intestate, Rudolph Miller, alleged to have been caused by the negligence of the defendant, Davis, or of persons for whose negligence he is responsible. The complaint contains four counts, each alleging that Miller, being a brakeman on a logging railway owned and operated by Davis, came to his death while in the discharge of his duties, &c., by being thrown from a train or car and run over by other cars, &c. The first count attributes intestate’s death to defects in the condition of the track, whereby the train was thrown from the…
2Cases cited3 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
3Cited by11 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Southern Ry. Co. v. SherrillSupreme Court of Alabama · 1936
- Alabama Midland Railway Co. v. JohnsonSupreme Court of Alabama · 1898
- Birmingham Ry. L. & P. Co. v. DennisonSupreme Court of Alabama · 1909
- Teague, Barnett & Co. v. BassSupreme Court of Alabama · 1901
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