Larue v. C. G. Kershaw Contracting Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. II. A. Sharpe. Action by C. H. Larue as administrator against the C. Gr. Kershaw Contracting Company, for damages for the death of his intestate. Prom a judgment overruling demurrers to defendant’s plea of the statute of limitations, plaintiff appeals. The only question presented is the single one whether the cause of action created by the Tennessee statute is barred by the statute of limitations of Alabama of one year.
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Appeal from Birmingham City Court. Heard before Hon. II. A. Sharpe. Action by C. H. Larue as administrator against the C. Gr. Kershaw Contracting Company, for damages for the death of his intestate. Prom a judgment overruling demurrers to defendant’s plea of the statute of limitations, plaintiff appeals. The only question presented is the single one whether the cause of action created by the Tennessee statute is barred by the statute of limitations of Alabama of one year. The only statute which could operate upon the present action is section 2486, and that fixes the period at two years. —…
1Opinion of the CourtSomerville, J.
The action is one brought by an administrator against the defendant corporation for injuries wrongfully done to plaintiff’s intestate in the state of Tennessee, which injuries are alleged to have resulted in death.
The suit is prosecuted in Alabama, where the defendant resides, and is based, in both counts, on sections 4025, 4026, and 4029 of the Tennessee Code, which are as follows:
“Sec. 4025. The right of action which a person who dies from injuries received from another or whose death is caused by the wrongful act, omission or killing by another, would have had against the wrongdoer in case…
2Cases cited8 opinions
- Jones v. JonesSupreme Court of Alabama · 1850
- Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907
- Morrison v. StevensonSupreme Court of Alabama · 1881
- Williams v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1908
- Brown v. MizeSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Home Insurance Company v. Stuart-McCorkle, Inc.Supreme Court of Alabama · 1973
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- New York Times Company v. Eugene ConnerCourt of Appeals for the Fifth Circuit · 1961
- Provident Life Accident Ins. Co. v. HeidelbergSupreme Court of Alabama · 1934
- Mullins v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1940
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