Nashville, C. & St. L. Ry. v. Blackwell
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; R. C. Brickell, Judge. Action by David S. Blackwell against the Nashville, Chattanooga & St. Louis Railway. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Act April 18, 1911,.p. 449, § 6. 'The facts and pleadings sufficiently appear from the opinion.
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Appeal from Circuit Court, Madison County; R. C. Brickell, Judge. Action by David S. Blackwell against the Nashville, Chattanooga & St. Louis Railway. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Act April 18, 1911,.p. 449, § 6. 'The facts and pleadings sufficiently appear from the opinion. Counsel for appellee insists that assignments of error 1 and 2 are too general under the rule that if one ground of demurrer was properly overruled, the assignment is not sufficient, and the court cannot be put in error for its rulings. These assignments are as…
1Opinion of the CourtThomas, J.
The suit was instituted by appellee against appellant railway company, and claimed for damages sustained by plaintiff in and on a roadway leading across defendant’s lot whereon was erected its depot, etc., in the city of Huntsville.
The complaint comprised four counts. Demurrer was sustained to count 4, and the affirmative charge was given as to count 2. Demurrers to counts 1 and 3 were overruled, and thereupon issue was joined on the pleas of - not guilty and contributory negligence.
[1] The assignments of error as to rulings on the demurrers to counts 1 and 3 are not within the rule announced…
2Cases cited44 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Beck v. . CarterNew York Court of Appeals · 1877
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
39 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- W. S. Fowler Rental Equipment Company v. SkipperSupreme Court of Alabama · 1963
- Alabama Public Service Commission v. Mobile Gas Co.Supreme Court of Alabama · 1925
- Louisville & Nashville Railroad v. Snow's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Moore v. Ohio Oil Co.Appellate Court of Illinois · 1926
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