Louisville N. R. Co. v. Cross
Supreme Court of Alabama
Appeal frem Circuit Court, Covington County; A. B. Foster, Judge. Action by L. R. Cross against the Louisville & Nashville Railroad Company and Ed McKenzie, for damages for the death of plaintiff’s minor child. Judgment for plaintiff, and defendants appeal.
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Appeal frem Circuit Court, Covington County; A. B. Foster, Judge. Action by L. R. Cross against the Louisville & Nashville Railroad Company and Ed McKenzie, for damages for the death of plaintiff’s minor child. Judgment for plaintiff, and defendants appeal. Count 1 of the complaint is as follows: The plaintiff claims of the defendant the sum of $50,000 damages, for that on, to wit, June 17, 1920, the defendant Louisville & Nashville-Railroad Company was operating a railroad in Covington county, Ala., and that the' defendant Ed McKenzie was in the employment of said, defendant company as a…
1Opinion of the CourtMcCLELLAN, J.
[1] Action by parent, the father, for damages for the wrongful killing by the defendants of his minor child. Code, § 2485. The damages recoverable in such actions are punitive only. L. & N. R. R. Co. v. Phillips, 202 Ala. 502, 80 South. 790.
The plaintiff’s 20 months old child strayed, unattended, on the railway track of the company, and an engine and train of the company, with Engineer McKenzie (also a defendant) in charge, ran over the child, killing it. Counts 1 and 2 of the complaint are designed to attribute the child’s death to McKenzie’s negligence after the engineer discovered the…
2Cases cited4 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Louisville N. R. Co. v. PhillipsSupreme Court of Alabama · 1918
- Montevallo Mining Co. v. UnderwoodSupreme Court of Alabama · 1918
3Cited by23 opinions
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1930
- Jack Cole, Inc. v. WalkerSupreme Court of Alabama · 1941
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
- Alabama Great Southern R. Co. v. SwainSupreme Court of Alabama · 1947
- Dismukes v. Trivers Clothing Co.Supreme Court of Alabama · 1930
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