Postal Telegraph Cable Co. v. Jones
Supreme Court of Alabama
Appeal from tlie Circuit Court of Jefferson. Tried before tlie Hon. A. A. Coleman. This was an action brought by the appellee, C. A. Jones, against the Postal Telegraph Cable Company to recover damages for personal injuries received by him while travelling along a public highway, by the side of which the -defendant had its wires strung. The complaint as amended contained but one count.
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Appeal from tlie Circuit Court of Jefferson. Tried before tlie Hon. A. A. Coleman. This was an action brought by the appellee, C. A. Jones, against the Postal Telegraph Cable Company to recover damages for personal injuries received by him while travelling along a public highway, by the side of which the -defendant had its wires strung. The complaint as amended contained but one count. In this count the plaintiff alleged that on November 5, 1898, the defendant owned and -operated a line of telegraph wire which was attached to poles along or near the public highway in Jefferson -county; that…
1Opinion of the CourtMcCLELLAN, C. J.
There is no merit in the contention for appellant that the complaint did' not aver the negligence counted on with sufficient particularity. The rule is that the duty to exercise care being shown, the failure to perform that duty, the negligence causing *226the injuries complained of may be well averred in the most general terms, little if at all short of the mere conclusions of the pleader; and this upon the entirely sufficient consideration, among others, that if the defendant has been guilty of negligence lie knows as well as or better than the plaintiff can in what that, negligence consisted.…
2Cases cited9 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sheffield Co. v. MortonSupreme Court of Alabama · 1909
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Louisville & Nashville R. R. CalvertSupreme Court of Alabama · 1910
- Walter v. Baltimore Electric Co.Court of Appeals of Maryland · 1909
- Alabama Power Co. v. KendrickSupreme Court of Alabama · 1929
14 more not listed; retrieve them via the Exa API.