Atlanta, B. & A. Railway Co. v. McGill
Supreme Court of Alabama
Appeal from Randolph Circuit Court. Heard before' Hon. S. L. Brewer. Action by J. P. McGill against the Atlanta, Birmingham & Atlantic Railway, and its receivers, for injury to property. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
MAYFIELD, J. —
This is the second appeal in this case. A statement of the case may be found in the report of the former appeal. — 184 Ala. 562, 63 South. 1009. *187The complaint was amended on the second trial, by suing H. N. Atkinson, as receiver, and by adding a count charging that he, as receiver, was operating the railroad at the time of the injury complained of, thus alleging that he was sued in a representative capacity, and not as an individual.
It was made to appear that pending this suit Atkinson had resigned, or had been removed, as the receiver, and that the federal court in Georgia…
2Cases cited1 opinion
- Atlanta, B. & A. Ry. Co. v. McGillSupreme Court of Alabama · 1913
3Cited by9 opinions
- Steele v. BookerSupreme Court of Alabama · 1920
- Stephens v. WalkerSupreme Court of Alabama · 1928
- Bankers' Mortg. Bond Co. v. RosenthalSupreme Court of Alabama · 1932
- Cline v. PowellSupreme Court of Florida · 1939
- Echols v. Seaboard Air Line Railway Co.Supreme Court of South Carolina · 1935
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