Wilson v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard befoie Hon. S. L. Brewer. Action by Wilson v. L. & N. R. R. Co-., for damages for injuries sustained by plaintiff alleged to be due to the frightening of plaintiff’s team by the negligence of the defendant’s servant. The facts are sufficiently stated in the opinion of the court.
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Appeal from Chilton Circuit Court. Heard befoie Hon. S. L. Brewer. Action by Wilson v. L. & N. R. R. Co-., for damages for injuries sustained by plaintiff alleged to be due to the frightening of plaintiff’s team by the negligence of the defendant’s servant. The facts are sufficiently stated in the opinion of the court. The averments of the complaint are sufficient to charge tlie defendant, and the demurrers to them, should have been overruled. — Leach v. Bush, 57 Ala. 153; M. & M. R. R. Vo. v. VrenshaAo, 55 Ala. 569; L. & N. R. R. Go. u. Mmrhury Go., 125 Ala. 247; P. G. Tel. v. Jones, 133…
1Opinion of the CourtHaralson, J.
The appeal presents alone for review the action of the court in sustaining a demurrir to the stcond count, of the complaint, which averred in substance that the defendant’s railroad crossed a public highway in the town of Clanton, on grade therewith ; that plaintiff was in a wagon diawn by a team of horses on said highway, at or near said crossing; that the team became frightened and ían away, and as the proximate consequence thereof, plaintiff was thrown or caused to fall from said wagon, and was badly and permanently injured in a manner therein described, and his horses and wagon were…
2Cases cited3 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. QuickSupreme Court of Alabama · 1899
- Stanton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
3Cited by10 opinions
- Birmingham Railway, Light & Power Co. v. Aetna Accident & Liability Co.Supreme Court of Alabama · 1913
- Reaves v. Anniston Knitting MillsSupreme Court of Alabama · 1908
- Pittsburg County Ry. Co. v. HastySupreme Court of Oklahoma · 1924
- City Ice Delivery Co. v. LecariSupreme Court of Alabama · 1924
- Lusk v. PughSupreme Court of Oklahoma · 1916
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