Southern Railway Co. v. Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Fíale. Tried before the FIou. John Moore. This action was brought by the appellee, J. P. Wilson, against the appellant, the Southern Railway Company, to recover damages for the burning of cotton, the property of the plaintiff. The complaint as amended contained nine counts. The fifth count was withdrawn by the plaintiff.
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Appeal from the Circuit Court of Fíale. Tried before the FIou. John Moore. This action was brought by the appellee, J. P. Wilson, against the appellant, the Southern Railway Company, to recover damages for the burning of cotton, the property of the plaintiff. The complaint as amended contained nine counts. The fifth count was withdrawn by the plaintiff. The first count of the complaint was in words and figures as follows: “1. The plaintiff claims of the defendant the sum of one thousand dollars damages, for that the defendant, which heretofore, to-wit, on the 7th day of March, 1901, owned and…
1Opinion of the CourtSharpe, J.
To the complaint as it stood after the same was altered by amendment and by the striking out of parts on defendant’s motion, the demurrer raised no good objection. Whether the eighth count was too general in its averment of negligence is not in question, since the only demurrer to it included the ninth count which was sufficiently specific in that regard. It was not improper for the complaint to show that the cotton when burned was on defendant’s platform, and it was *522not essential to the statement of a prima facie canse of' action for the complaint to aver it ivas so-located by defendant’s…
2Cases cited2 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Gulf, Colorado & Santa Fe Railway Co. v. McLeanTexas Supreme Court · 1889
3Cited by7 opinions
- Emerson v. StateSupreme Court of Alabama · 1967
- Alabama Great Southern Ry. Co. v. DemovilleSupreme Court of Alabama · 1910
- Southern Railway Co. v. NelsonSupreme Court of Alabama · 1906
- Louisville & Nashville R. R. v. McCoolSupreme Court of Alabama · 1910
- Southern Ry. Co. v. RossSupreme Court of Alabama · 1926
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