Alabama State Land Co. v. Slaton
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. J. A. Bilbro. This action'was brought by the appellee, J. F. Slaton, against the Alabama State Land Company. As originally filed, the complaint contained two counts in trespass, each count claiming damages for the wrongful taking of certain cross-ties and switch-ties.
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Appeal from the Circuit Court of DeKalb. Tried before the Hon. J. A. Bilbro. This action'was brought by the appellee, J. F. Slaton, against the Alabama State Land Company. As originally filed, the complaint contained two counts in trespass, each count claiming damages for the wrongful taking of certain cross-ties and switch-ties. A demurrer having been sustained to the second count of the complaint, the plaintiff amended it by substituting therefor a count in case-, the substance of which is stated in the opinion. To this count the defendant demurred upon the following grounds : (1) That the…
1Opinion of the CourtHaralson, J.
The two counts in the original complaint were trespass. On demurrer sustained to the 2d, the plaintiff amended, by substituting a count in case therefor, — allowable under the statute, — to which a demurrer was again interposed and overruled.
The substantial averments of this count are, that the plaintiff was the owner of the cross and switch ties concerning which the suit was brought, and their value; that the plaintiff placed them on the right of way of the Alabama Great Southern Railroad Company, to be inspected by the inspector and paid for ; that the defendant company wrongfully marked…
2Cases cited2 opinions
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1896
3Cited by10 opinions
- Carter v. FulghamSupreme Court of Alabama · 1901
- Denson v. CaddellSupreme Court of Alabama · 1917
- Central of Georgia Railway Co. v. GrossSupreme Court of Alabama · 1914
- Alabama Great Southern R. Co. v. CornettSupreme Court of Alabama · 1925
- Denson v. StanleyAlabama Court of Appeals · 1918
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