Kansas City, Memphis & Birmingham Railroad v. Lackey
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. William W. Wilkerson. This was an action brought by the appellee, Joseph W. Lackey, against the appellant, the Kansas City, Memphis & Birmingham Railroad Company, to recover damages for personal injuries, alleged to have been received by the plaintiff while in the discharge of his duties as fireman on an engine of the Alabama Great Southern Railroad Company, by reason of the negligence of the employe of the…
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Appeal from the City Court of Birmingham. Tried before the Hon. William W. Wilkerson. This was an action brought by the appellee, Joseph W. Lackey, against the appellant, the Kansas City, Memphis & Birmingham Railroad Company, to recover damages for personal injuries, alleged to have been received by the plaintiff while in the discharge of his duties as fireman on an engine of the Alabama Great Southern Railroad Company, by reason of the negligence of the employe of the defendant company. The complaint contained six counts. The second count charged wanton, willful and intentional misconduct…
1Opinion of the Court
McCLELLAN, J. —
The complaint contained six counts. A demurrer, assigning several grounds, was interposed to the complaint as a whole. Some of the counts are obviously good : indeed it is not insisted by appellant that any of them are bad except the fifth. On this State of case the demurrer was properly overruled even though the fifth count was bad.— Weems v. Weems, 69 Ala. 104.
The 4th, 5th and 6th pleas were interposed to the whole complaint. They attempted to set up contributory negligence on the part of the plaintiff, or on the part of the engineer in charge of the locomotive on which *162plaint…
2Cases cited2 opinions
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
- Weems v. WeemsSupreme Court of Alabama · 1881
3Cited by3 opinions
- Jacobs v. Goodwater Graphite Co.Supreme Court of Alabama · 1920
- Western Steel Car & Foundry Co. v. BeanSupreme Court of Alabama · 1909
- Peters v. StateSupreme Court of Alabama · 1910