Alabama Co. v. Brown
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Horace C. Wilkerson, Judge. Action by Cordelia Brown, as administra-trix' of the estate of Albert Brown, against the Alabama Company for damages for the death of her husband. Judgment for the plaintiff, and the defendant appeals.
Read the full summary
Appeal from Circuit Court, Jefferson County ; Horace C. Wilkerson, Judge. Action by Cordelia Brown, as administra-trix' of the estate of Albert Brown, against the Alabama Company for damages for the death of her husband. Judgment for the plaintiff, and the defendant appeals. When a release is executed by an administrator, it is not an individual act, but is done in a representative capacity, for the administrator is the only person that can bring suit for the death of an employee. Code of 1907, § 3912; Acts 1911, pp. 483, 484; T. C. I. v. Herndon, 100 Ala. 451, 14 South. 287; L. & N. v.…
1Concurrence · ThomasThomas, J.
(concurring with Justices •SAYRE, SOMERVILLE, and GARDNER, as indicated infra). On the original hearing the opinion of the majority was grounded on the principle of rescission stated generally in U. S. Cast I. P. & F. Co. v. Marler, 201 Ala. 342, 86 South. 108; B. R., L. & P. Co. v. Jordan, 170 Ala. 530, 54 South. 280; Rabitte v. A. G. S. R. Co., 158 Ala. 431, 47 South. 573; Harrison v. Alabama Midland R. Co., 144 Ala. 246, 40 South. 394, 6 Ann. Cas. 804; Stephenson v. Allison, 123 Ala. 439; 26 South. 290. An examination of these authorities discloses a rescission between the original parties…
Also in this document: Concurrence · Somerville.
2Cases cited68 opinions
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
- Hodge v. JoySupreme Court of Alabama · 1921
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- Waring v. LewisSupreme Court of Alabama · 1875
63 more not listed; retrieve them via the Exa API.