Southern Ry. Co. v. Douglass
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before the 1-Ion. Charles A. Senn. This was an action brought by the appellee, Cecil Douglass-, by bis next friend, against the Southern Railway Company, to recover damages for personal injuries sustained by the plaintiff by being run against by an engine and train of defendant.
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Appeal from Birmingham City Court. Heard before the 1-Ion. Charles A. Senn. This was an action brought by the appellee, Cecil Douglass-, by bis next friend, against the Southern Railway Company, to recover damages for personal injuries sustained by the plaintiff by being run against by an engine and train of defendant. The second count of the complaint, as amended, was in words and figures as follows : “The plaintiff, a minor under the age of seven years, claims of the defendant the other and further sum of Twenty Thousand Dollars, damages, for that the defendant operated a railroad from…
1Opinion of the CourtDowdell, J.
The plaintiff, a minor, by next fried, J. B. Douglass, sues the Southern Bailway Company to recover damages for injuries received on account of negligence of defendant’s servants or agents in the operation of one of its trains. The complaint contained two counts, both of which were predicated on simple negligence.
A demurrer was interposed by the defendant to the second count as amended, which was overruled by the court. The action of the court in overruling the demurrer is assigned as error, but this assignment'is not insisted on in argument. Moreover, the count- demurred to stated a good…
2Cases cited3 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Verberg v. StateSupreme Court of Alabama · 1902
- Rarden v. CunninghamSupreme Court of Alabama · 1902
3Cited by6 opinions
- Suell v. DerricottSupreme Court of Alabama · 1909
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
- Birch v. WardSupreme Court of Alabama · 1917
- McEntyre v. HairstonSupreme Court of Alabama · 1907
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