Culver v. Alabama Midland Railway Co.
Supreme Court of Alabama
Appeal from Dale Circuit Court. Tried before Hon. J. E. Tyson. This action was brought by the appellant as administrator of Virgil Mowdy, to recover damages from the appellee for causing his- death. The substance of the various counts of the complaint is shown by the opinion.
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Appeal from Dale Circuit Court. Tried before Hon. J. E. Tyson. This action was brought by the appellant as administrator of Virgil Mowdy, to recover damages from the appellee for causing his- death. The substance of the various counts of the complaint is shown by the opinion. The defendant demurred to the 2d, 3d, 6th, 8th and 9th counts of the complaint, specifying as its ground of demurrer, that the counts failed to aver that the defendant did not use due care in selecting its servants, or that such servants were not fit or competent to discharge the duties for which they were employed.…
1Opinion of the CourtColeman, J.
The plaintiff’s intestate received injuries while in the service of the defendant corporation from which he died, and this action was brought to recover damages resulting from his death. The court sustained demurrers to the 2nd, 3rd, 6th, 8th and 9th counts of the complaint, and its several rulings in this respect are assigned as error.
After averring the employment of the deceased, the second count avers that he was struck on the head and breast by an iron bar or scrape of great weight and size, which was negligently allowed to fall from defendant’s locomotive engine, and that it fell by…
2Cases cited5 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Cotten v. RutledgeSupreme Court of Alabama · 1858
- Ex parte GrantlandSupreme Court of Alabama · 1856
- Ex parte McLendonSupreme Court of Alabama · 1858
3Cited by25 opinions
- Alabama City G. & A. Ry. Co. v. AppletonSupreme Court of Alabama · 1911
- Russell v. BushSupreme Court of Alabama · 1916
- Harbison-Walker Refractories Co. v. ScottSupreme Court of Alabama · 1914
- Weir v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1929
- City of Chicago v. McKechneyIllinois Supreme Court · 1903
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