Southern Railway Co. v. Hobbs
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Action.by John M. Hobbs against the Southern Railway Company. Judgment for plaintiff. Defendant appeals. Action for damages growing out of injury received by plaintiff and his property by being struck by the train at or near- a railroad crossing.
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Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Action.by John M. Hobbs against the Southern Railway Company. Judgment for plaintiff. Defendant appeals. Action for damages growing out of injury received by plaintiff and his property by being struck by the train at or near- a railroad crossing. The complaint was as follows :■ “Plaintiff claims of the defendant the sum of $10,-000 as damages, for that, whereas, on, to-wit, May 19, 1902,; defendant ivas engaged in operating and running a railroad in Talladega, Ala., between the city of Talladega and the town of Nottingham, in…
1Opinion of the CourtSimpson, J.
This is an action for damages on account of injuries received from the running of the train against plaintiff’s wagon and team at a public road crossing.
1. The demurrer to the complaint, referred to in the first and second assignments of error, was properly overruled, as the complaint sufficiently states a cause of action under our decisions.
2. The demurrers to the second plea of defendant were properly sustained (third and fourth assignments). — L. & N. R. R. Co. v. Markee, 103 Ala. 160, 15 South. 511, 49 Am. St. Rep. 21; Railroad Company v. Bromberg, 141 Ala. 258, 37 South. 395.
3. The…
2Cases cited16 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Burton v. StateSupreme Court of Alabama · 1894
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Burney v. TorreySupreme Court of Alabama · 1893
- Moore v. HeinekeSupreme Court of Alabama · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Catanzano v. JacksonSupreme Court of Alabama · 1916
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1910
- Louisville N. R. Co. v. WatsonSupreme Court of Alabama · 1922
22 more not listed; retrieve them via the Exa API.