Central of Georgia Railway Co. v. Teasley
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pea-rson. Action by Charles B. Teasley as administrator of the estate of Ellen Benson, deceased, against the Central of Georgia Bailway Company for damages for the death of his intestate, while a passenger. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pea-rson. Action by Charles B. Teasley as administrator of the estate of Ellen Benson, deceased, against the Central of Georgia Bailway Company for damages for the death of his intestate, while a passenger. Judgment for plaintiff and defendant appeals. Count 2 was subject to the demurrer.—B. R. L. & P. Oo. v. Grover, 159 Ala. 276. The testimony of Cochran was clearly irrelevant, and the fact that counsel did not connect it as promised, rendered it subject to motion to strike at any time.—So. I. Oo. v. Action, 62 South. 403. The…
1Opinion of the Court
de GBAFFENBIED, J.
In the first count of the complaint the plaintiff alleges that his intestate, Ellen *612Benson, “was a passenger of the defendant on one of its cars in said county at or near Pike Road, Ala., and the defendant then and there so negligently conducted its said business that by reason thereof, and as a proximate result and consequence thereof, the said Ellen Benson received personal injuries, from which she died,” etc. In the second count he alleges that his said intestate was a passenger on one of defendant’s cars “in said county at or near Pike Road, Ala., and then and there the…
2Cases cited2 opinions
- Coppin v. StateSupreme Court of Alabama · 1898
- Coffman v. Louisville & Nashville R. R.Supreme Court of Alabama · 1913
3Cited by14 opinions
- Meares v. MearesSupreme Court of Alabama · 1952
- Crown Cent. Petroleum Corp. v. WilliamsSupreme Court of Alabama · 1996
- Rungan v. StateAlabama Court of Appeals · 1932
- Cedar Creek Store Co. v. StedhamSupreme Court of Alabama · 1914
- Smith v. StateSupreme Court of Alabama · 1954
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