Tennessee, A. & G. R. Co. v. Cavin
Alabama Court of Appeals
Appeal from Circuit Court, Cherokee County; W. W. Plaralson, Judge. Action by Jud Cavin against the Tennessee, Alabama & Georgia Railway Company for damages for killing dogs. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Cherokee County; W. W. Plaralson, Judge. Action by Jud Cavin against the Tennessee, Alabama & Georgia Railway Company for damages for killing dogs. Judgment for plaintiff, and defendant appeals. The first count charges that on February 8 and 15, 1915, and on March 4, 1915, and on each of said dates, the agents or servants of defendant acting'within the line'and scope of their authority, did negligently run its said train of ears over and kill plaintiff’s said fox dogs, on said dates above set out. The other counts declare for the killing of one dog for each date…
1Opinion of the CourtBrown, P. J.
[1] While it is not permissible to join several distinct causes of action in the same count (Louisville & Nashville R. R. Co. v. Cofer, 110 Ala. 491, 18 South. 110; Southern Ry. Co. v. McIntyre, 152 Ala. 223, 44 South. 624), a complaint containing several counts and stating different causes of action in each of several counts is not demurrable as for a misjoinder of causes of action or “misjoinder of actions.”
[2, 3] While the first count of the complaint is subject to the vice of uniting in one and the same count three distinct causes of action, the objection is not “distinctly stated” in the…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. CoferSupreme Court of Alabama · 1895
- Henley v. BushSupreme Court of Alabama · 1859
- Dempsey v. StateAlabama Court of Appeals · 1916
- Southern Railway Co. v. McIntyreSupreme Court of Alabama · 1907
- Carter v. StateAlabama Court of Appeals · 1917
3Cited by1 opinion
- Chewning v. KnightAlabama Court of Appeals · 1918