Legal Opinion

Birmingham & Atlantic Railway Co. v. Mattison

Supreme Court of Alabama

Decided December 21, 1909PublishedCited by 17 opinions

Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Action by Laura A. Mattison against tbe Birmingham & Atlantic Railroad Company, for damages for injuries received at a public road crossing. Judgment for plaintiff and defendant appeals. The averments of the complaint do not sufficiently make a count for Avillful or wanton negligence. — Southern Ry. v. Bush, 122 Ala. 470; Bir.

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Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Action by Laura A. Mattison against tbe Birmingham & Atlantic Railroad Company, for damages for injuries received at a public road crossing. Judgment for plaintiff and defendant appeals. The averments of the complaint do not sufficiently make a count for Avillful or wanton negligence. — Southern Ry. v. Bush, 122 Ala. 470; Bir. R. L. & P. Go. v. Jaffee, 45 South. 469. While prima facie a child under fourteen years of age may not be charged Avith contributory negligence, such a child may be guilty of contributory negligence, and…

1Opinion of the CourtMayfield, J.

Plaintiff, appellee, a girl 11 years of age, by her next friend, sues the defendant, appellant, to recover damages for personal injuries. The plaintiff was run over by a freight train of defendant at a public crossing in the city of Talladega, receiving serious personal injuries, the worst of which was the loss of a leg. The complaint contained three counts, 1, 2, and 3. Count 2 was eliminated by amendment and need not be considered. Count 1 declared on simple negligence; count 3 on wanton negligence or willful injury. Demurrers were interposed to the complaint *606and to each, count, severally.…

2Cited by17 opinions

  1. Jones v. StricklandSupreme Court of Alabama · 1917
  2. White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
  3. Central of Georgia R. Co. v. RobinsSupreme Court of Alabama · 1923
  4. Von Saxe v. BarnettWashington Supreme Court · 1923
  5. Southern Express Co. v. RosemanSupreme Court of Alabama · 1921

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