Birmingham & Atlantic Railway Co. v. Mattison
Supreme Court of Alabama
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
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