Western Ry. of Alabama v. Madison
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by G. P. Madison against the Western Railway of Alabama. Judgment for plaintiff, and defendant appeals. The complaint on which the trial was had charged that defendant was engaged in the business of operating a railroad in the1 county of Montgomery, and defendant did so negligently conduct its said business that upon a named date at a point between the city of Montgomery and the Mt.
Read the full summary
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by G. P. Madison against the Western Railway of Alabama. Judgment for plaintiff, and defendant appeals. The complaint on which the trial was had charged that defendant was engaged in the business of operating a railroad in the1 county of Montgomery, and defendant did so negligently conduct its said business that upon a named date at a point between the city of Montgomery and the Mt. Meigs station, in said county, did run one of its engines or cars, being operated upon said railroad, against plaintiff’s wagon, thereby,…
1Opinion of the CourtBrowet, P. J.
[1-3] In stating a cause of action for negligence, it is incumbent on the plaintiff to show .by appropriate averments that the defendant owed him a duty, that there was a breach of such duty, and that injury resulted as a proximate consequence. While a breach of duty may be shown by general averments amounting to the statement of a legal conclusion, the averment of the facts from which the law raises a duty owing by the defendant to the plaintiff must he more specific, and must relieve the plaintiff from the imputation that he was a wrongdoer at the time of the injury, or that the injury was…
2Cases cited8 opinions
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
- Walker v. Alabama, Tennessee & Northern Railway Co.Supreme Court of Alabama · 1915
- Georgia Pacific R. R. v. BlantonSupreme Court of Alabama · 1887
- Stewart v. SmithAlabama Court of Appeals · 1918
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Montgomery Light Water Power Co. v. ThombsSupreme Court of Alabama · 1920
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- Hinkle v. Railway Express AgencySupreme Court of Alabama · 1942
- McClusky v. DuncanSupreme Court of Alabama · 1927
7 more not listed; retrieve them via the Exa API.