St. Louis & S. F. R. R. v. Hall
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by W. Ed. Hall against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff and defendant appeals.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by W. Ed. Hall against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff and defendant appeals. The demurrers should have been overruled as to the second plea. —Mayer v. Kornegay, 152 Ala. 650. The demurrers'to complaint should have been sustained. — Em-tsell v. Masterton, 132 Ala. 275. All of the counts being upon the common count, no recovery conld be had on proof of the special contract. The court violated the provisions of § 5362, Code 1907, in his direction to the jury that plaintiff was…
1Opinion of the Court
SAYRE, J. —
Plaintiff (appellee) brought this suit to recover the agreed price of some grading he had done in the construction of a spur track intended to- connect the' main line of defendant’s railroad with certain coke ovens which the Palos Coal & Coke Company proposed to operate. Defendant pleaded in bar that plaintiff had formerly brought a suit on the same account against this defendant and the Palos Company, and that, after evidence had been taken, and, upon plaintiff amending his complaint by striking out the Palos Company as party defendant, the former suit had been dismissed by the…
2Cases cited10 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Alexander v. Ala. Wes. R. R.Supreme Court of Alabama · 1912
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Jonas v. KingSupreme Court of Alabama · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Montgomery Light Water Power Co. v. ThombsSupreme Court of Alabama · 1920
- Halle v. BrooksSupreme Court of Alabama · 1923
- Foster & Creighton Co. v. BoxSupreme Court of Alabama · 1953
- Nelson v. JohnsonSupreme Court of Alabama · 1956
- McNutt Oil & Refining Co. v. Mimbres Valley BankCourt of Appeals for the Tenth Circuit · 1949
2 more not listed; retrieve them via the Exa API.