Loveman v. Birmingham Ry. L. & P. Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Izora Griffin, administrator of Laurine Schuler, against the, Birmingham Railway, Light & Power Company, revived in the name- of Morris Love-man, appointed administrator de bonis non on the death of Izora Griffin. From a judgment for defendant, plaintiff appeals. There were four counts in the complaint, all charging simple negligence except the third, which charged wanton or willful misconduct.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Izora Griffin, administrator of Laurine Schuler, against the, Birmingham Railway, Light & Power Company, revived in the name- of Morris Love-man, appointed administrator de bonis non on the death of Izora Griffin. From a judgment for defendant, plaintiff appeals. There were four counts in the complaint, all charging simple negligence except the third, which charged wanton or willful misconduct. The defendant filed demurrers to all the counts, which were overruled, and then filed’ a number of pleas, including the…
1Opinion of the Court
HARALSON, J. —
We notice only the assignments of error insisted on, the first of which is, that the court-erred in overruling the plaintiff’s demurrer to the fifth plea. That demurrer proceeds upon the objection, that the plea does not aver or show, that the $500.00, alleged therein to have been paid by defendant in satisfaction and discharge of the cause of action in this case, ivas a fair and reasonable amount to he paid and received in satisfaction of said claim, and fails to aver and show that said settlement was authorized or ratified by a court of competent jurisdiction. The demurrer…
2Cases cited3 opinions
- Carter v. FulghamSupreme Court of Alabama · 1901
- Southern Railway Co. v. RiddleSupreme Court of Alabama · 1899
- Sloss-Sheffield, Steel & Iron Co. v. HutchinsonSupreme Court of Alabama · 1905
3Cited by14 opinions
- Kennedy v. DavisSupreme Court of Alabama · 1911
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
- Irwin v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1925
- Denny v. Seaboard Lacquer, Inc.Court of Appeals for the Fourth Circuit · 1973
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