Hines v. Laurendine
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Peter B. Laurendine against Walker D. Hines, as Director General of Railroads, for damages for injuries to an automobile track. Prom a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Peter B. Laurendine against Walker D. Hines, as Director General of Railroads, for damages for injuries to an automobile track. Prom a judgment for plaintiff, defendant appeals. The pleadings for the plaintiff sufficiently appear from the opinion of the court, as do assignments of error 1, 2, 4, 5, 8, and 9. The demurrers to the first count, made the basis of assignments 3, 6, and 10 are as follows: Ho facts are stated showing a duty arising on the part of defendant relative to plaintiff’s automobile; it is not shown…
1Opinion of the CourtMerritt, J.
The complaint as originally filed contained four counts. The first claimed damages for the negligent operation by defendant of one of its trains, in that it was caused to collide with plaintiff’s truck automobile, which had stalled on defendant’s track. The third count was for damages for conversion by plaintiff of defendant’s truck automobile. The fourth count claimed damages for the breach of an agreement entered into by the defendant, whereby it promised to put in repair the automobile truck which had been injured by the collision. The second count was in trespass, and was withdrawn by the…
2Cases cited7 opinions
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Gambill v. Fox Typewriter Co.Supreme Court of Alabama · 1914
- Carter v. Tenn. C. I. & R. R. Co.Supreme Court of Alabama · 1913
- Patterson v. StateAlabama Court of Appeals · 1913
- Union Marine Ins. v. Charlie's Transfer Co.Supreme Court of Alabama · 1914
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