Gadsden & A.U. Ry. Co. v. Julian
Decision Date | 22 May 1902 |
Citation | 133 Ala. 371,32 So. 135 |
Court | Alabama Supreme Court |
Parties | GADSDEN & A. U. RY. CO. v. JULIAN. |
Appeal from city court of Gadsden; John H. Disque, Judge.
Action by R. W. Julian, administrator, against the Gadsden & Attalla Union Railway Company. Judgment for plaintiff, Defendant appeals. Reversed.
The first and fourth counts of the complaint were as follows To the first and fourth counts of the complaint the defendant separately demurred upon the following grounds: (1) They show no duty the defendant owed the plaintiff which they negligently failed to perform. (2) They show that plaintiff's intestate was a trespasser on defendant's track, and they aver nothing more than simple negligence in his killing. (3) They do not show the particular act of negligence complained of. (4) They do not state the particular acts or matters which constitute the willful, wanton, or intentional negligence complained of. (6) They are too vague and uncertain. (7) They fail to allege any facts which show willful, wanton, or intentional negligence. There is a recital in the record that "defendant demurs to the third count on the same grounds set out in his demurrer to the second count, assigning each ground separately"; but the grounds of the demurrer to the second count do not appear in the record. The court overruled the defendant's demurrers to the complaint. On the present appeal the defendant assigns as error the court's overruling its demurrers to the complaint.
Dortch & Martin and W. J. Boykin, for appellant.
Goodhue & Blackwood, for appellee.
Counts 1 and 4 of the complaint are each wanting in...
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Kendrick v. Birmingham Southern Ry. Co., 6 Div. 781
... ... Gadsden & A. U. Ry. Co. v. Julian, Adm'r, 133 Ala. 371, 32 So. 135; Southern Ry. Co. v. Forrister, 158 Ala ... ...
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Birmingham Ry., Light & Power Co. v. Fox
... ... L. & ... N. R. R. Co. v. Holland, 164 Ala. 73, 51 So. 365, 137 ... Am. St. Rep. 25; Gadsden R. R. v. Julian, 133 Ala ... 373, 32 So. 135; Ensley v. Chewning, 93 Ala. 25, 9 ... ...
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Louisville & N.R. Co. v. Sunday
...the injured person was a trespasser at the time of the injury, the complaint is bad as against apt demurrer. Gadsden & A. U. Ry. Co. v. Julian, Adm'r, 133 Ala. 371, 32 So. 135; Southern Ry. Co. v. Forrister, 158 Ala. 477, 48 So. 69; Southern Ry. Co. v. Smith, 163 Ala. 174, 50 So. 390; Louis......
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Stewart v. Smith
... ... Walker ... v. A., T. & N.R.R. Co., 194 Ala. 360, 70 So. 126; G ... & A.W. Co. v. Julian, 133 Ala. 371, 32 So. 135; ... B.R., L. & P. Co. v. Adams, 146 Ala. 270, 40 So ... 385, 119 ... ...