Kansas City, Memphis & Birmingham Railway Co. v. Matthews
Supreme Court of Alabama
Appeal from Circuit Court of Marion. Tried before Hon. Ed. B. Almon. Action by Florence Matthews, administratrix of the estate of Walter H. Matthews, deceased, against appellant to recover damages for personal injuries to her decedent causing his death. The 7th count of the complaint is set forth at length in the opinion. Defendant demurred to that count of the complaint upon the following grounds: (1). For that the count is vague, uncertain and indefinite.
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Appeal from Circuit Court of Marion. Tried before Hon. Ed. B. Almon. Action by Florence Matthews, administratrix of the estate of Walter H. Matthews, deceased, against appellant to recover damages for personal injuries to her decedent causing his death. The 7th count of the complaint is set forth at length in the opinion. Defendant demurred to that count of the complaint upon the following grounds: (1). For that the count is vague, uncertain and indefinite. (2). For that the count does not show any causal connection between the intestate’s death and the alleged negligence of the defendant.…
1Opinion of the CourtMcCLELLAN, C. J.
The only caption of the complaint was that under Avhich the original counts Avere Avritten. To these several other counts were added but without further statement of the caption. This caption is as follows: “Mrs. Florence MattheAvs, Administratrix of the estate of Walter H. Matthews, deceased, versus The Kansas City, Memphis and Birmingham Railroad Company, a corporation.” There were six counts in the complaint as originally filed. In the first, fifth and sixth counts, the capacity in which plaintiff sues is thus stated: “The plaintiff, as administratrix of the estate of Walter MattheAvs,”…
2Cases cited15 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Knight v. StateSupreme Court of Alabama · 1962
- Wear v. WearSupreme Court of Alabama · 1916
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Thompson v. Alexander City Cotton Mills Co.Supreme Court of Alabama · 1914
21 more not listed; retrieve them via the Exa API.