Birmingham-Tuscaloosa Railway & Utilities Co. v. Carpenter
Supreme Court of Alabama
Appeal from Tuscaloosa Circuit Court. Heard, before Hon. Bernard Harwood. • Action by Burlie S. Carpenter against tbe Birmingham-Tuscaloosa Railway & Utilities Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Tuscaloosa Circuit Court. Heard, before Hon. Bernard Harwood. • Action by Burlie S. Carpenter against tbe Birmingham-Tuscaloosa Railway & Utilities Company. From a judgment for plaintiff, defendant appeals. After stating tbe fact that defendant was a body corporate operating a dummy line between tbe towns of Tuscaloosa and Holt, in Tuscaloosa county, by means of a steam dummy and cars thereto attached, and that tbe dummy collided with an automobile in which plaintiff was riding while the automobile was proceeding along the public highway at a grade crossing with said dummy line,…
1Opinion of the Court
ANDERSON, C. J.—(1) Count 3 of the complaint sufficiently charged willful or wanton misconduct upon tbe part of the defendant’s agents or servants. — B. R., L. & P. Co. v. Barrett, 179 Ala. 274, 60 South. 262; Barbour v. Shebor, 177 Ala. 307, 58 South. 276, and cases there cited. Of course, the agents or servants must be conscious of tbe fact that their acts or omissions will probably produce injury, in order to be guilty of willful or wanton misconduct; but tbe general averment of willfulness or wantonness imputes to them sucb consciousness. It is true, also, that this is an essential…
2Cases cited12 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Cotting v. Kansas City Stock Yards Co.Supreme Court of the United States · 1901
- Southern Railway Co. v. GreeneSupreme Court of the United States · 1910
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Pickett v. MatthewsSupreme Court of Alabama · 1939
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Stewart v. HoukOregon Supreme Court · 1928
- Dixon v. StateAlabama Court of Appeals · 1936
- Perkins v. GallowaySupreme Court of Alabama · 1915
18 more not listed; retrieve them via the Exa API.