Legal Opinion

Alabama Great Southern Railroad v. Dobbs

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 25 opinions

Appkal from tlie Circuit Court of DeKalb. Tried before the Hon. John B. Tally. This was an action brought by the appellee, W.M. Dobbs, against the Alabama Great Southern Railroad Company, to recover damages for the alleged negligent killing of the plaintiff’s child by one of the defendant’s trains. As originally filed the complaint contained six counts. Two others were afterwards added by amendment.

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Appkal from tlie Circuit Court of DeKalb. Tried before the Hon. John B. Tally. This was an action brought by the appellee, W.M. Dobbs, against the Alabama Great Southern Railroad Company, to recover damages for the alleged negligent killing of the plaintiff’s child by one of the defendant’s trains. As originally filed the complaint contained six counts. Two others were afterwards added by amendment. The first count attributed tlie death of the plaintiff’s child to the wanton, reckless and intentional negligence of the defendant’s employés. In the second count the plaintiff alleges that the…

1Opinion of the CourtHaralson, J.

The bill of exceptions sent up as a return to the certiorari awarded by this court must be regarded as the true and correct record, since there is a difference between it and the transcript of the cause as originally filed. — Pearce v. Clements, 73 Ala. 256.

We settled the principle in the beginning, and have not departed from it since, that "when a document is sought to be made a part of a bill of exceptions by reference, and not by copy, it must be so described by its date, amount, parties, or other identifying features, that the transcribing officer can, unaided by memory, readily and with…

2Cases cited7 opinions

  1. Bancroft v. OtisSupreme Court of Alabama · 1890
  2. Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
  3. Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
  4. Pearce v. ClementsSupreme Court of Alabama · 1882
  5. Mobile Savings Bank v. FrySupreme Court of Alabama · 1881

2 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
  2. Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
  3. Cofer v. EnsorSupreme Court of Alabama · 1985
  4. Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1897
  5. Jones v. StricklandSupreme Court of Alabama · 1917

20 more not listed; retrieve them via the Exa API.

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