Grissom v. A. & B. Air Line Ry.
Supreme Court of Alabama
Injury to Employe. Appeal .from Annistou City Court. Heard before Hou. Thomas W. Coleman, Jr. Action by C. W. Grissom as administrator against the A. & B. Air Line Ry., for the death of his intestate alleged to have been an employe of defendant. There was judgment sustaining demurrers to tbe complaint, and plaintiff appeals.
Read the full summary
Injury to Employe. Appeal .from Annistou City Court. Heard before Hou. Thomas W. Coleman, Jr. Action by C. W. Grissom as administrator against the A. & B. Air Line Ry., for the death of his intestate alleged to have been an employe of defendant. There was judgment sustaining demurrers to tbe complaint, and plaintiff appeals. Tbe facts alleged in tbe different counts of tbe complaint showed tbai plaintiff’s intestate was a servant or employe of defendant. — Dean v. E. T. V. '& G. R. R. Go., 98 Ala. 586; Wood on Master & Servant, §§ 305-6. Counts 1, 2, 3, 4, and 7 do not state a cause of action…
1Opinion of the CourtSimpson, J.
Tbis appeal is from tbe judgment of tbe court sustaining certain demurrers to counts in tbe complaint. Tbe action is for damages on account of tbe death of plaintiff’s (appellant’s) intestate, and tbe main contention is whether or not tbe counts demurred to allege such a relation between said intestate and tbe defendant as to create tbe status of master and servant and render the defendant liable for negligence. Tbe counts do not aver that tbe relation of master and ser*112vant, or employer and employe, existed, bnt state that the intestate’s brother was in the employ of defendant, and that his…
2Cases cited12 opinions
- Atlanta & West Point Railroad v. WestSupreme Court of Georgia · 1905
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Barstow v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1887
- Georgia Pacific Railroad v. PropstSupreme Court of Alabama · 1887
- Bradley v. . New York Central R.R. Co.New York Court of Appeals · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Alabama Fuel & Iron Co. v. BushSupreme Court of Alabama · 1920
- Geer v. Sound Transfer Co.Washington Supreme Court · 1915
- Buffalo & Grand Island Ferry Co. v. WilliamsCourt of Appeals for the Second Circuit · 1928
- Armour Company v. RiceSupreme Court of Arkansas · 1939
- Hicks v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1915
3 more not listed; retrieve them via the Exa API.