Bowles v. Lowery
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by John R. Lowery against Tom Bowles for damages for frightening a horse by automobile. Judgment- for plain tiffj and defendant 'appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by John R. Lowery against Tom Bowles for damages for frightening a horse by automobile. Judgment- for plain tiffj and defendant 'appeals. The following is charge I): “1 charge you that if you are reasonably satisfied from the evidence in this case that plaintiff is entitled to recover, and that the injury was the result of reckless conduct of defendant in the running and management of the automobile, you are authorized to assess punitive or exemplary damages against the defendant.” The evidence fails to show…
1Opinion of the Court
de GRAFFENRIED, J. —
1. Since the rendition by the Supreme Court of the opinion in the case of L. & N. R. R. Co. v. Markee, Adm'x, 103 Ala. 160, 15 South. 511, 49 Am. St. Rep. 21, it has not been permissible in this state, under a complaint averring only simple negligence, to recover punitive or vindicative damages. “A plaintiff is presumed to know his cause of action when he brings his suit, and has a right to state it in as many counts as he may deem it necessary to meet the varying phases of the evidence; and it is his duty to fully inform the defendant by his declaration of all the grounds…
2Cases cited12 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
- Florida East Coast Ry. Co. v. McRobertsSupreme Court of Florida · 1933
- Trahan v. CookSupreme Court of Alabama · 1972
- Miller Pipeline Corp. v. BroekerIndiana Court of Appeals · 1984
- Birmingham Waterworks Co. v. BrooksAlabama Court of Appeals · 1916
8 more not listed; retrieve them via the Exa API.