North Alabama Traction Co. v. Thomas
Supreme Court of Alabama
Appeal from Morgan Law and. Equity Court. Heard before Hon. Thomas W. Wert. Action by Henry Thomas, pro ami, against the North Alabama Traction Company, for damages received in a runway accident alleged to have been occasioned by the negligent running of defendant’s, cans. Judgment for plaintiff, and defendant appeals.
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Appeal from Morgan Law and. Equity Court. Heard before Hon. Thomas W. Wert. Action by Henry Thomas, pro ami, against the North Alabama Traction Company, for damages received in a runway accident alleged to have been occasioned by the negligent running of defendant’s, cans. Judgment for plaintiff, and defendant appeals. Motion was made to strike the bill of exceptions, because of the initials “A. J.,” before the word “Thomas,” which last appeared in the styling of the plaintiff, and which constitutes the initials of the plaintiff’s next friend. The facts seem to be that plaintiff was riding…
1Opinion of the CourtAnderson, J.
Whether the initials were or were not inserted before the name of “Thomas,” the next friend, in the caption of the bill of exceptions, after it was signed by the presiding judge, there was no material alteration of same. The bill of exceptions recited when signed: “I am 17 years of age. A. J. Thomas, my next friend in this suit, is my father.” (Plaintiff’s testimony in transcript, page 20.) The motion to strike the bill of exceptions is overruled.
Counsel for appellant insists that the fourth count of the complaint charges the defendant’s servants with wanton or willful misconduct, and that…
2Cases cited1 opinion
- Alley v. DanielSupreme Court of Alabama · 1883
3Cited by5 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Perkins v. GallowaySupreme Court of Alabama · 1915
- Birmingham-Tuscaloosa Railway & Utilities Co. v. CarpenterSupreme Court of Alabama · 1915
- Central of Georgia Ry. Co. v. JonesSupreme Court of Alabama · 1915
- Marshall Traction Co. v. YoungCourt of Appeals of Texas · 1915