Birmingham Railway, Light & Power Co. v. Drennen
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Hate D. Drennen, as administratrix, against tbe Birmingham Bail way, Light & Power Company -for damages for death of her intestate, alleged to have been caused by a collision with one of defendant’s cars. Judgment for plaintiff in the sum of $7,000, and defendant appeals. The facts sufficiently appear from tbe opinion of tbe court.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Hate D. Drennen, as administratrix, against tbe Birmingham Bail way, Light & Power Company -for damages for death of her intestate, alleged to have been caused by a collision with one of defendant’s cars. Judgment for plaintiff in the sum of $7,000, and defendant appeals. The facts sufficiently appear from tbe opinion of tbe court. Tbe oral charge of tbe court, excepted to, is as. follows: “Willful injury exists where there is a purpose on the part of- the party complained of to inflict tbe injury. Wanton injury does…
1Opinion of the CourtMayfield, J.
Appellee, as administratrix, sued appellant street car company, under the homicide statute, to recover damages for the wrongful death of her intestate, who was her husband.
The complaint contained two counts; one charging simple negligence, and the other wantonness. The gravamen of the complaint is that the motorman in charge of the defendant’s car, either negligently, as charged in the first count, or wantonly or intentionally, as charged in the second, caused the car to run against a buggy in which the intestate was riding, thus throwing him from the buggy, or causing him to jump therefrom,…
2Cases cited27 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- Cross v. StateSupreme Court of Alabama · 1881
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
22 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Johnson v. StateSupreme Court of Alabama · 1941
- Birmingham Baptist Hospital, Inc. v. BlackwellSupreme Court of Alabama · 1930
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
92 more not listed; retrieve them via the Exa API.