Legal Opinion
J. C. Byram & Co. v. Livingston
Supreme Court of Alabama
Decided June 9, 1932No. 6 Div. 53PublishedCited by 20 opinions
1Opinion of the CourtThomas, J.
The questions reserved for decision are the overruling of demurrer to the wanton count of the complaint, and the giving and refusing of instructions to the jury. The plea was in short by consent.
It is true that, where the facts 'are specifically stated, they must support the .characterization of such facts as to wantonness. Jackson v. Vaughn, 204 Ala. 543, 86 So. 469. And wanton negligence may be pleaded without setting out the facts showing wantonness. St. Louis & S. F. Ry. Co. v. Dennis, 212 Ala. 590, 103 So. 894.
The gravamen of count 2 was “that all of his (plaintiff’s) aforementioned…
2Cases cited37 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- McMillan v. AikenSupreme Court of Alabama · 1920
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Knowles v. BlueSupreme Court of Alabama · 1923
- Jackson v. VaughnSupreme Court of Alabama · 1920
32 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Pollard v. RogersSupreme Court of Alabama · 1937
- Alaga Coach Line, Inc. v. McCarrollSupreme Court of Alabama · 1933
- William E. Harden, Inc. v. HardenAlabama Court of Appeals · 1940
- Thompson v. WhiteSupreme Court of Alabama · 1963
- Fortson v. HesterSupreme Court of Alabama · 1949
15 more not listed; retrieve them via the Exa API.