Louisville & Nashville Railroad v. York
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the I-Ion. A. A. Coleman. This action was brought by Mary E. York, as administratrix of her deceased husband, to recover damages for injuries, received by her intestate while in the employ of the defendant. The complaint contained six counts, some charging willfulness and other simple •negligence.
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Appeal from the Circuit Court of Jefferson. Tried before the I-Ion. A. A. Coleman. This action was brought by Mary E. York, as administratrix of her deceased husband, to recover damages for injuries, received by her intestate while in the employ of the defendant. The complaint contained six counts, some charging willfulness and other simple •negligence. The third count relied upon the failure of the defendant to discharge its duty to its employees rather than the negligence of a fellow servant. The fourth count charged willful wrong. The sixth count averred that plaintiff’s intestate while…
1Opinion of the CourtMcCLELLAN, C. J.
This action is prosecuted by
Mrs. York, as administratrix of her deceased husband, against the Louisville & Nashville Railroad Company, under the employer’s liability act, for damages for his death. There was judgment for plaintiff, from which defendant appeals. The position taken by counsel for appellant that there can be no recovery for wantonness, willfulness, or intentional wrung under said act, now section 17-49 of the Code, has been adjudged untenable in the recent case of Southern Railway Co. v. Moore, infra. The further contention for appellant, that, even granting that a recovery in…
2Cited by17 opinions
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