Legal Opinion

Central of Georgia Ry. Co. v. Williams

Alabama Court of Appeals

Decided October 21, 1919No. 7 Div. 583PublishedCited by 1 opinion

Appeal from Circuit Court, Shelby County; Ilugh D. Merrill, Judge- Action by G. W. Williams against the Central of Georgia Railway Company for damages for injury to his wife while a passenger on its railway. From judgment for plaintiff in the sum of $700, defendant appeals.

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Appeal from Circuit Court, Shelby County; Ilugh D. Merrill, Judge- Action by G. W. Williams against the Central of Georgia Railway Company for damages for injury to his wife while a passenger on its railway. From judgment for plaintiff in the sum of $700, defendant appeals. The complaint is as follows: (1) The plaintiff claims of the defendant the sum of $3,000 damages for that, whereas, Georgia Ann Williams is and was at the time of the wrongs hereinafter complained of the plaintiff’s wife and a member of plaintiff’s family, and residing with the plaintiff as his wife, and had been for a…

1Opinion of the Court

There is no assignment of error questioning any ruling of the court on the demurrers to the complaint, and it is a familiar rule that, in the absence of appropriate and specific grounds of demurrer questioning the sufficiency of the complaint, a ruling of the trial court thereon and proper assignment of error predicated on such ruling, on appeal, the averments of the complaint will be accorded a liberal construction in order to support the judgment. Dothan Chero-Cola Bottling Co. v. Weeks, 80 So. 734;1 Slight v. Frix, 165 Ala. 230, 51 So. 601. And in so construing the complaint, its averments…

2Cases cited13 opinions

  1. Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
  2. Southern Railway Co. v. KirschSupreme Court of Alabama · 1907
  3. Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
  4. Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
  5. Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909

8 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Smith v. Southern Ry. Co.Supreme Court of Alabama · 1935

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