Dallas Manufacturing Co. v. Townes
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speaks. "Action for personal injuries by Charles L. Townes against tbe Dallas Manufacturing Company. Plaintiff bad judgment, and defendant appeals.
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speaks. "Action for personal injuries by Charles L. Townes against tbe Dallas Manufacturing Company. Plaintiff bad judgment, and defendant appeals. The following counts of the complaint were demurred to: (5) “Plaintiff claims of defendant the sum of $15,000 ■damages, for that heretofore, to wit, on or about the ■6th day of January, 1903, the plaintiff had been and was employed and engaged by the defendant corporation as a helper to the servants and employes of the Saco-Pattee Machine Shop, an independent contractor, who was then and…
1Opinion of the CourtSimpson, J.
This is an action for damages on account of personal injuries,' by the appellee against the appellant, and this is the third time the case has been before this court. — Dallas Mfg. Co. v. Townes, 148 Ala. 146, 41 South. 988; Townes v. Dallas Mfg. Co., 154 Ala. 612, 45 South. 696. As to the action of the court in allowing the amendment to the complaint, and the effect of that amendment on the operation of the statute of limitations, section 5367, Code 1907, has set that vexed matter at rest, and under it the amendment was prop*635erly allowed and relates back to the commencement- of the suit.
It is…
2Cases cited2 opinions
- Dallas Manfg. Co. v. TownesSupreme Court of Alabama · 1906
- Townes v. Dallas Manufacturing Co.Supreme Court of Alabama · 1908
3Cited by2 opinions
- Polytinsky v. WilsonAlabama Court of Appeals · 1926
- Polytinsky v. WilsonAlabama Court of Appeals · 1926