Louisville N. R. Co. v. Bishop
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County ; Robert C. Brickell, Judge. Action by Billie J. Bishop against the Louisville & Nashville Railroad Company for damages for failure to promptly transport and deliver the body of his child. Judgment for the plaintiff, and the defendant appeals. Damages must be minimized, and the judgment ivas excessive. 7 Ala.
Read the full summary
Appeal from Circuit Court, Morgan County ; Robert C. Brickell, Judge. Action by Billie J. Bishop against the Louisville & Nashville Railroad Company for damages for failure to promptly transport and deliver the body of his child. Judgment for the plaintiff, and the defendant appeals. Damages must be minimized, and the judgment ivas excessive. 7 Ala. App. 547, 61 South. 4S2. Tlie verdict was a quotient verdict, and should be set aside. 1S4 Ala. 244, 63 South. 549, 49 L. R. A. (N. S.) 415. The court erred in giving the charges requested by plaintiff. 200 Ala. 372, 76 South. 288; I-Iibbanl’s…
1Opinion of the Court
Plaintiff's case is stated in two counts. The action is based upon the alleged delay in transporting the corpse of a child of appellee, who was plaintiff in the court below.
This suit was originally instituted against the appellant and the Southern Railway Company. The latter was eliminated by the affirmative charge given in its behalf by the court. There was a judgment against the appellant for $833, and from this judgment it has appealed to this court.
There are 100 assignments of error going to the rulings of the court upon the pleadings, upon the admission of evidence, upon the giving of…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- International Agri. Cor. v. AbercrombieSupreme Court of Alabama · 1913
- Coal City Mining Corporation v. DavisAlabama Court of Appeals · 1919
- Louisville & N. R. Co. v. NaugherSupreme Court of Alabama · 1919
- Alabama Great Southern R. Co. v. VermillionAlabama Court of Appeals · 1917
3Cited by5 opinions
- Martin v. StateAlabama Court of Appeals · 1926
- Harvey v. WarrenSupreme Court of Alabama · 1925
- Security Mutual Finance Corp. v. Harris Ex Rel. HarrisSupreme Court of Alabama · 1972
- George v. ByarsAlabama Court of Appeals · 1942
- Taylor v. StateAlabama Court of Appeals · 1937