Ala. Great So. R. R. v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. James Aiken. The appellee, Henry H. Smith, brought this suit against the appellant, the Ala. Great So. R. R. Co. The nature of the action and the material facts are stated in the opinion.
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Appeal from the Circuit Court of DeKalb. Tried before the Hon. James Aiken. The appellee, Henry H. Smith, brought this suit against the appellant, the Ala. Great So. R. R. Co. The nature of the action and the material facts are stated in the opinion. To the original complaint, the defendant pleaded in short by consent, the general issue and contributory negligence ; to the complaint, after it had been amended as set forth in 'the opinion, the defendant refiled said pleas, and, also, filed the following plea to the added count: “The cause of action set forth in the amendment was never set…
1Opinion of the CourtClopton, J.
— The cause of action alleged in the original complaint is, that the plaintiff, having purchased a ticket for transportation from Chattanooga to Valley Head, a station on the railroad of defendant, and being a passenger on its train, “was forcibly ejected and thrown out and, from Ms seat in the cars of said company loithout Ms consent before he reached his destination,” On the trial, after the witnesses had been examined, and the court was charging the jury, the plaintiff, by leave of the court, amended the complaint by adding another count. The cause of action as averred in the additional…
2Cases cited1 opinion
- Mohr v. LemleSupreme Court of Alabama · 1881
3Cited by15 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Tribune Co. v. ThompsonIllinois Supreme Court · 1930
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Patillo v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1904
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