Southern Railway Co. v. Weatherlow
Supreme Court of Alabama
Appeal from Colbert Circuit Court. ■ Heard before Hon. Jos. H. Nati-ian. Action by Harrington Weatherlow, pro ami, against the Southern Railway Company, for damages alleged to have been received while crossing the tracks of the Southern Railway Company at a public road crossing. From a judgment for plaintiff, defendant appeals. The allegations of the fourth count sufficiently appear from the opinion.
Read the full summary
Appeal from Colbert Circuit Court. ■ Heard before Hon. Jos. H. Nati-ian. Action by Harrington Weatherlow, pro ami, against the Southern Railway Company, for damages alleged to have been received while crossing the tracks of the Southern Railway Company at a public road crossing. From a judgment for plaintiff, defendant appeals. The allegations of the fourth count sufficiently appear from the opinion. The seventh count is in the following words: “Plaintiff claims of the defendant the sum of $2,000 as damages, for that the defendant, on or about the 30th day of September, 1904, was engaged in…
1Opinion of the CourtDowdell, J.
— The complaint as amended contained eight counts. All of these counts, except the fourth and seventh, were eliminated on rulings by the court favorable to the appellant. The fourth count was not subject to demurrer upon the ground insisted on by counsel for appellant in their brief. This count avers in terms that the servants of the defendant “recklessly and wantonly or intentionally” inflicted the injury complained of. It was not necessary to the sufficiency of the court that it should particularize in what the wantonness or willfulness consisted. Nor was it rendered bad by the averment…
2Cases cited6 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Birmingham Electric Co. v. MannSupreme Court of Alabama · 1933
- Cooper v. Town of Valley HeadSupreme Court of Alabama · 1924
- Barbour v. SheborSupreme Court of Alabama · 1912
- Jones v. KeithSupreme Court of Alabama · 1931
27 more not listed; retrieve them via the Exa API.