Rice v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake. Action by W. F. Rice as administrator, against the Southern Railway Company, for damages for the death of his intestate. Judgment for defendant, and plaintiff appeals.
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Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake. Action by W. F. Rice as administrator, against the Southern Railway Company, for damages for the death of his intestate. Judgment for defendant, and plaintiff appeals. Count 1 is as follows: Plaintiff claims of defendant the sum of $25,000.00, as damages for that, heretofore, on or about April 18th, 1910, defendant owned a railroad through the town of Hillsboro, Lawrence County, Alabama, and ran and operated trains thereon as a carrier of passengers and freight for - hire, on said above named date, and at or near Hillsboro in…
1Opinion of the Court
ANDERSON, J.-
— Tbe judgment entry and brief of appellant’s counsel indicate that tbe complaint consisted of 4 counts, two original ones and 3 and 4 added by way of amendment. It also appears that demurrers were sustained to counts 1 and 3 and overruled as to 2 *71and 4. It also appears that count 2 was withdrawn by the plaintiff, and the case was tided on count 4 alone. We have searched the record in vain for counts 3 and 4, and find no counts at all in the proper place in the record, but have succeeded in finding two unnumbered counts sandwiched in on lettered pages between pages 136 and 137 in…
2Cases cited5 opinions
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1909
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Garrison v. GlassSupreme Court of Alabama · 1903
- Sullivan Timber Co. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
3Cited by3 opinions
- Southern Cotton Oil Co. v. WoodsSupreme Court of Alabama · 1918
- Nix v. ScharnagelSupreme Court of Alabama · 1925
- Atlantic Coast Line R. Co. v. McLendonAlabama Court of Appeals · 1922