Western Railway v. Sistrunk
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. James W. Lapsley. This action was brought by J. E. Sistrunk, to recover damages on account of injuries to two mules, which were run over by an engine with tender attached belonging to defendant, one of them being killed; and was commenced on the 6th February, 1888. In the original summons and complaint the defendant was described as “the Western Railway of Alabama,” without other descriptive words.
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Appeal from the Circuit Court of Macon. Tried before the Hon. James W. Lapsley. This action was brought by J. E. Sistrunk, to recover damages on account of injuries to two mules, which were run over by an engine with tender attached belonging to defendant, one of them being killed; and was commenced on the 6th February, 1888. In the original summons and complaint the defendant was described as “the Western Railway of Alabama,” without other descriptive words. The attorney of the railroad company, as amicus curies, moved to strike the case from the docket, on the ground that the defendant…
1Opinion of the CourtSomerville, J.
1. Tbe Circuit Court properly allowed tbe complaint and summons to be amended, so as to show that Tbe Alabama Railway Company was a body corporate, and was sued in its corporate capacity. Tbe amendment did not operate to substitute a new party defendant to tbe suit. It only added words of more accurate description. Southern Life Ins. Co. v. Roberts, 60 Ala. 431; Ga. Pacific Railway Co. v. Propst, 83 Ala. 518. Tbe demurrer to tbe complaint, and the motion to strike tbe cause from tbe docket, based on this supposed departure or variance in tbe pleadings, was properly overruled.' Tbe objections…
2Cases cited10 opinions
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Lafayette & Indianapolis Railroad v. ShrinerIndiana Supreme Court · 1855
- East Tenn., Va. & Ga. Railroad v. DeaverSupreme Court of Alabama · 1885
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1884
- South & North Alabama Railroad v. JonesSupreme Court of Alabama · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Montgomery Light Water Power Co. v. ThombsSupreme Court of Alabama · 1920
- Manistee Mill Co. v. HobdySupreme Court of Alabama · 1909
25 more not listed; retrieve them via the Exa API.