Townes v. Dallas Manufacturing Co.
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. D. W. Separe. Action by Charles L. Townes against the Dallas Manufacturing Company. From a judgment for defendant, plaintiff appeals. The court should have permitted the proposed amendment. — Springfield F. & M... Ins.
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Separe. Action by Charles L. Townes against the Dallas Manufacturing Company. From a judgment for defendant, plaintiff appeals. The court should have permitted the proposed amendment. — Springfield F. & M... Ins. Oo. v. DeJarnctie, 111 Ala. 248; Ex parte Sullivan, 106 Ala. 80. The first two counts are common law counts based on the duty of the master to furnish a servant a reasonably safe place to work. — Laughran v. Breioer, 113 Ala. 509; Hall v. Posey, 79 Ala. 84. The 3rd count is based on subdivision 1, sec. 1749 of the Code. —…
1Opinion of the CourtAnderson, J.
The only limitation upon the right of the plaintiff in a civil action at law to amend his complaint at any time before the cause is finally submitted *614to the jury and they have retired is that the form of action must not be changed. There must not be an entire change of parties, nor can there be the substitution or introduction of an entirely new cause of action. — Huggins v. Southern Ry., 148 Ala. 153, 41 South. 856; Central of Ga. R. R. v. Foshee, 125 Ala. 199, 27 South. 1006; 4 Mayfield’s Digest, p. 448, § 165. The amendment offered in the case at bar (counts 5, 6, and 7) was within the…
2Cases cited8 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Louisville & Nashville Railroad v. WoodsSupreme Court of Alabama · 1894
- Dallas Manfg. Co. v. TownesSupreme Court of Alabama · 1906
- Atlanta & Birmingham Air Line Railway v. WheelerSupreme Court of Alabama · 1908
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3Cited by4 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1916
- Haynes v. PhillipsSupreme Court of Alabama · 1924
- Dallas Manufacturing Co. v. TownesSupreme Court of Alabama · 1909