Birmingham Southern Railroad v. Gunn
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellee, William D. Gunn, as the administrator of the estate of Ethridge Nunnalee, against tlie appellant, the Birmingham Southern Railroad Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by the appellee, William D. Gunn, as the administrator of the estate of Ethridge Nunnalee, against tlie appellant, the Birmingham Southern Railroad Company, to recover damages for the alleged negligent killing of the plaintiff’s intestate. In the complaint the plaintiff claimed $25,000. The cause was tried upon the 4th count of the complaint, and the averments of negligence as contained in said count are set forth in the opinion. Under the opinion in the present case it is unnecessary to…
1Opinion of the CourtSharpe, J.
This cause was tried upon the fourth count of the complaint and upon no other. In that count the wrong averred is that “defendant wantonly or intentionally caused tin;: death of plaintiff’s intestate by wantonly or intentionally causing one or more of said cars to run upon or against plaintiff’s intestate,” etc. In City Delivery Co. v. Henry, (decided at last term) 34 So. Rep. 389, this court through its Chief Justice said of a similar charge made against a corporation, *374“We see no escape from tlie conclusion that tlie wantonness, willfulness and intentional wrong thus averred are the…
2Cases cited1 opinion
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
3Cited by6 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Alabama Power Co. v. GoochSupreme Court of Alabama · 1930
- Birmingham Ry. L. & P. Co. v. RandleSupreme Court of Alabama · 1907
- Decatur Petroleum Haulers, Inc. v. GermanySupreme Court of Alabama · 1958
- Chase Nursery Co. v. BennettSupreme Court of Alabama · 1921
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