St.Louis & S. F. R. R. v. Sutton
Supreme Court of Alabama
Injury to Employee. Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by James R. Sutton, an employee, against the St. Louis & San Francisco Railroad Company, for injury. Judgment for plaintiff and the defendant appeals.
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Injury to Employee. Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by James R. Sutton, an employee, against the St. Louis & San Francisco Railroad Company, for injury. Judgment for plaintiff and the defendant appeals. A plea to the jurisdiction is different from a plea in abatement in nature, form and office, and is in no sense properly embraced within the term pleas in abatement. — 1 Chitty 243, 441; Andrews-Stephens on Pleading, 1894, and appendix note 2; 5 Mod. 146; Carth. 363; 1 Salk. 297; 139 Ala. 548. In order to take advantage of section 5 of the Practice…
1Opinion of the CourtEvans, J.
This is a tort action against the defendant railroad company, brought by an employee of the company, for damages alleged to have accrued to plaintiff on account of a personal injury averred to have been occasioned by the negligence of the defendant.
*394The first question to be determined is whether or not the trial court properly granted plaintiff’s motion to strike defendant’s plea, which is denominated by the defendant a plea to the jurisdiction of the court.
The facts necessary to be adverted to in determining this question, briefly stated, are as follows:
The action was begun by summons and…
2Cases cited40 opinions
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Evans v. StateSupreme Court of Alabama · 1895
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Eagle Iron Co. v. BaughSupreme Court of Alabama · 1906
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
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3Cited by20 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- State Ex Rel. Austin v. BlackSupreme Court of Alabama · 1932
- E. I. Du Pont De Nemours & Co. v. TomlinsonCourt of Appeals for the Fourth Circuit · 1924
15 more not listed; retrieve them via the Exa API.