McDougal v. Louisville N. R. Co.

Alabama Court of Appeals

McDougal v. Louisville N. R. Co.

85 So. 880, 17 Ala. App. 468, 1920 Ala. App. LEXIS 126

CourtAlabama Court of Appeals

DecidedJune 8, 1920

Docket6 Div. 699.

StatusPublished

Cited by4 cases

This text of 85 So. 880 (McDougal v. Louisville N. R. Co.) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McDougal v. Louisville N. R. Co., 85 So. 880, 17 Ala. App. 468, 1920 Ala. App. LEXIS 126 (Ala. Ct. App. 1920).

Pincite

Opinion

SAMFORD, J.

[1,2] The complaint in this case claims damages, alleging the negligent operation of defendant’s engine and cars over its line of track between Bessemer and Johns, Ala., on June 3, 1919, at a time when this court judicially knows that defendant’s railroad was being operated exclusively by the United States government. Vaughn v. State, 81 South. 417. 1 And all agencies being used in the operation of locomotives and cars on said railroad were under the control of the federal government. The facts alleged in the complaint, taken in 'onnection with facts judicially known to this court, would, preclude a recovery by the plaintiff against this defendant. It follows that the rulings of the court on demurrer are moot questions, without injury to plaintiff. Ex parte McMillan, 15 Ala. App. 571, 74 South. 396.

[3] General Order No. 50-A gave authority to substitute the Director General of Railroads in pending suits, and does not apply to suits brought on claims arising after the railroads had been taken over by the government and were being exclusively operated by it. Such a substitution in this case would be an entire change of parties defendant and was properly disallowed.

We find no reversible error in the record, and the judgment is affirmed.

Affirmed.

1

Ante, p. 35.

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SAMFORD, J.

[1,2] The complaint in this case claims damages, alleging the negligent operation of defendant’s engine and cars over its line of track between Bessemer and Johns, Ala., on June 3, 1919, at a time when this court judicially knows that defendant’s railroad was being operated exclusively by the United States government. Vaughn v. State, 81 South. 417. 1 And all agencies being used in the operation of locomotives and cars on said railroad were under the control of the federal government. The facts alleged in the complaint, taken in 'onnection with facts judicially known to this court, would, preclude a recovery by the plaintiff against this defendant. It follows that the rulings of the court on demurrer are moot questions, without injury to plaintiff. Ex parte McMillan, 15 Ala. App. 571, 74 South. 396.

[3] General Order No. 50-A gave authority to substitute the Director General of Railroads in pending suits, and does not apply to suits brought on claims arising after the railroads had been taken over by the government and were being exclusively operated by it. Such a substitution in this case would be an entire change of parties defendant and was properly disallowed.

We find no reversible error in the record, and the judgment is affirmed.

Affirmed.

1

Ante, p. 35.

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Bluebook (online)

85 So. 880, 17 Ala. App. 468, 1920 Ala. App. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdougal-v-louisville-n-r-co-alactapp-1920.

Opinion

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