Kansas City, Memphis & Birmingham R. R. v. Butler
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Charles A. Senn. This was an action by appellee, J. M. Butler, to recover damages for personal injuries alleged to have been caused by the careless handling of its train by defendant, the Kansas City, Memphis & Birmingham Railroad Company.
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Appeal from the City Court of Birmingham. Tried before the Hon. Charles A. Senn. This was an action by appellee, J. M. Butler, to recover damages for personal injuries alleged to have been caused by the careless handling of its train by defendant, the Kansas City, Memphis & Birmingham Railroad Company. The complaint averred that, on Sept. 8th, 1902, plaintiff was a passenger on one of defendant’s trains going from horse creelt to Jasper, Alabama; that, when said train reached Cardova, the car upon Av.hich the plaintiff was sitting urns left on the track while the engine attached to the train…
1Opinion of the CourtHaralson, J.
1. The demurrer to the complaint was properly overruled. — Ensley R. R. Co. v. Chewing, 93 Ala. 26; S. & N. R. R. Co. v. Thompson, 62 Ala. 500; L. & N. R. R. Co. v. Markee, 103 Ala. 168.
2. The motion to strike the plea to the jurisdiction was properly granted. The act approved March 5th, 1903 (Acts 1903 p. 182), requiring suits for personal injuries to be brought in the county where the injury occurred, was passed after the injury in this case was in*264flicted on plaintiff, and after the commencement of this suit. Furthermore, the motion and ruling thereon are not shown in the bill of…
2Cases cited3 opinions
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- South & North Alabama Railroad v. ThompsonSupreme Court of Alabama · 1878
- Eckles v. BatesSupreme Court of Alabama · 1855
3Cited by4 opinions
- Continental Casualty Co. v. OgburnSupreme Court of Alabama · 1914
- Birmingham News Co. v. PayneSupreme Court of Alabama · 1935
- Fidelity Service Ins. Co. v. JonesSupreme Court of Alabama · 1966
- Southern Ry. Co. v. HardinAlabama Court of Appeals · 1911