Columbus & Western Railway Co. v. Bridges
Supreme Court of Alabama
Appeal from tbe Circuit Court of Tallapoosa. Tried before tbe Hon. James B. Dowdell. Tbis action was brought by Mrs. Anna Bridges, as administratrix of tbe estate of ber deceased husband, John J. Bridges, against tbe appellant, a domestic corporation, to recover damages for tbe death of ber husband, alleged to have been caused by tbe wrongful acts and negligence of tbe defendant, its agents and servants, while be was in its employment.
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Appeal from tbe Circuit Court of Tallapoosa. Tried before tbe Hon. James B. Dowdell. Tbis action was brought by Mrs. Anna Bridges, as administratrix of tbe estate of ber deceased husband, John J. Bridges, against tbe appellant, a domestic corporation, to recover damages for tbe death of ber husband, alleged to have been caused by tbe wrongful acts and negligence of tbe defendant, its agents and servants, while be was in its employment. Tbe deceased was in tbe employment of tbe defendant at tbe time of bis death, as tbe engineer and conductor of a construction train; and be was killed on tbe…
1Opinion of the CourtClopton, J.
-The statutes regulating the 'system of pleading require, that all pleadings shall be as brief as is consistent with perspicuity, and the presentation of the facts and matter to be put in issue, in an intelligible form; and also provide, that any pleading, unnecessarily prolix, irrelevant, or frivolous, may be stricken out on motion of the adverse party. — Code, 1886, §§ 2664, 2665. It may be conceded, that some of the counts of the complaint contain irrelevant and redundant averments, which should have been stricken out on motion of defendant. But the refusal of the court to strike them out…
2Cases cited3 opinions
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Georgia Pacific Railway Co. v. BrooksSupreme Court of Alabama · 1887
3Cited by24 opinions
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
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