Birmingham Railway & Electric Co. v. Allen
Supreme Court of Alabama
Appeal from tire City Court of Birmingham. Tried before the Hon. W. "W. 'Wilkerson. This was an action brought by the appellee, W. L. Allen, against the appellant, the Birmingham Railway & Electric Company, to recover damages for personal injuries to the plaintiff, alleged to have been caused by the negligence of the defendant.- The complaint as originally filed contained but one count, which was in the following language: “The plaintiff claims of the defendant fifteen…
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Appeal from tire City Court of Birmingham. Tried before the Hon. W. "W. 'Wilkerson. This was an action brought by the appellee, W. L. Allen, against the appellant, the Birmingham Railway & Electric Company, to recover damages for personal injuries to the plaintiff, alleged to have been caused by the negligence of the defendant.- The complaint as originally filed contained but one count, which was in the following language: “The plaintiff claims of the defendant fifteen thousand dollars for that heretofore on to-wit: 1st day of July, 1891, defendant was operating, running, managing and…
1Opinion of the CourtColeman, J.
The action is to recover damages for personal injuries. It is much the better practice, when a complaint is amended, to set out in full the complaint or count as amended, unless the amendment is of such a character that it may be readily made by a mere interlineation. We have, however, never construed the statute allowing amendments so strictly as to hold that the pleader may not, by reference to one count in the complaint, adopt a certain specified portion of another, and add to it averments, so as to constitute another and separate count.
The complaint is subject to another objection. As…
2Cases cited2 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
3Cited by35 opinions
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- American Rolling Mill Co. v. HullingerIndiana Supreme Court · 1903
- Streeter v. Western Wheeled Scraper Co.Illinois Supreme Court · 1912
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