Ensley Railway Co. v. Chewning
Supreme Court of Alabama
Action against Railroad Company, for Damages on account of Personal Injuries. Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by G. A. Chewning against the appellant corporation, to recover damages for personal injuries,, which necessitated the amputation of one of plaintiff’s arms;, and was commenced on the 27th February, 1890. The jury awarded the plaintiff $2,500 damages.
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Action against Railroad Company, for Damages on account of Personal Injuries. Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by G. A. Chewning against the appellant corporation, to recover damages for personal injuries,, which necessitated the amputation of one of plaintiff’s arms;, and was commenced on the 27th February, 1890. The jury awarded the plaintiff $2,500 damages. There are 48 assignments of error, founded on adverse rulings of the court below on the pleadings and evidence, charges given, and the refusal of charges asked; but…
1Opinion of the CourtClopton, J.
— The defect in the first count of the complaint, assigned as cause of demurrer, consists in the omission to state facts showing a duty owing by defendant to plaintiff,, and its negligent performance. After stating that the defendant was engaged in the business of a common carrier of passengers, propelling cars by steam, the count avers, generally, that the company “did, through its agents and servants, so-carelessly, negligently, and improperly propel and drive an engine and train so being used by said defendant, that by and through the carelessness, negligence, and improper conduct of the…
2Cases cited15 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
49 more not listed; retrieve them via the Exa API.