Creola Lumber Co. v. Mills
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. ' Action by Robert Mills against the Creola.' Lumber Company. From a judgment for plaintiff, defendant appeals. The 1st count was insufficient and the demurrers should have been sustained to same. — H. A. & B. R. R. fío. v. Dusenberry, 94 Ala. 413; Clements v. A. C. Ry.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. ' Action by Robert Mills against the Creola.' Lumber Company. From a judgment for plaintiff, defendant appeals. The 1st count was insufficient and the demurrers should have been sustained to same. — H. A. & B. R. R. fío. v. Dusenberry, 94 Ala. 413; Clements v. A. C. Ry. Co., 127 Ala. 166. On tlie same authority the demurrer should have been sustained to count 2. This count was further defective because it fails to allege that the order or direction was negligently given. — Dan.td.er v. DeBardelahen, 101. Ala. 309; "Parker…
1Opinion of the Court
DENSON, J. —
This is a suit by the plaintiff [appellee) against the defendant, Creóla Lumber Company, a corporation, to recover damages for a personal injury suffered by liiln while in the defendant’s employment as a brakeman. The complaint as it ivas originally filed contains' three counts. Two counts were afterwards added by amendment. The court, at the request of the *478defendant in writing, charged the jury that the plaintiff could not recover on the third and fifth counts; so that the only assignment - of error with respect to the court’s rulings on the demurrers addressed to the complaint,…
2Cases cited13 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- Decatur Car Wheel & Manufacturing Co. v. MehaffeySupreme Court of Alabama · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Cahaba Coal Co. v. ElliottSupreme Court of Alabama · 1913
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Pittman v. CalhounSupreme Court of Alabama · 1935
22 more not listed; retrieve them via the Exa API.