Louisville N. R. Co. v. Malone
Supreme Court of Alabama
Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Action by Mrs. P. S. Malone against the Louisville & Nashville Railroad Company. Judgment for defendant, which upon motion of plaintiff! was set aside, and new trial ordered, and defendant appeals.
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Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Action by Mrs. P. S. Malone against the Louisville & Nashville Railroad Company. Judgment for defendant, which upon motion of plaintiff! was set aside, and new trial ordered, and defendant appeals. The charges referred to as having been given for plaintiff are as follows: (7) If, from the evidence, you are not reasonably satisfied that the agent or servant of defendant purposely and intentionally accused plaintiff of stealing property of defendant in or from the dining car, then it is your duty to return a verdict for…
1Opinion of the CourtThomas, J.
The! appeal is from the order granting the motion for a new trial.
[1] Where a single count of the complaint contains several independent averments, each presenting a substantive cause! of action, proof of either will authorize a recovery. Southern Railway Co. v. Lee, 167 Ala. 26S, 52 South. 648; B. R. L. & P. Co. v. Baylor, 101 Ala. 488, 13 South. 793; L. & N. R. R. Co. v. Mothershed, 97 Ala. 261, 266, 12 South. 714. Counts 1, 2, 3, and 5 charge that the.conductor of the train willfully and wantonly accused the plaintiff of “stealing or taking from the! dining car” one pair of sugar tongs.…
2Cases cited15 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- Reeves v. StateSupreme Court of Alabama · 1892
- Birmingham Railway & Electric Co. v. BaylorSupreme Court of Alabama · 1893
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3Cited by5 opinions
- Berry v. City of New York Ins. Co.Supreme Court of Alabama · 1923
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- Kroger Grocery & Baking Co. v. HarpoleMississippi Supreme Court · 1936
- Kelly v. TatumSupreme Court of Alabama · 1931
- Cooper v. AgeeSupreme Court of Alabama · 1930