Georgia Pacific Railway Co. v. Propst
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before tbe Hon. S. H. Sprott. This action was brought by William H. Propst, a minor, suing by bis father as next friend, against tbe appellant corporation, to recover damag'es for personal injuries sustained while engaged in its service as brakeman; and was commenced on tbe 31st December, 1886. Tbe original summons and complaint described tbe defendant as tbe Georgia Pacific Railroad Company; but, a plea in abatement being…
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Appeal from the Circuit Court of Fayette. Tried before tbe Hon. S. H. Sprott. This action was brought by William H. Propst, a minor, suing by bis father as next friend, against tbe appellant corporation, to recover damag'es for personal injuries sustained while engaged in its service as brakeman; and was commenced on tbe 31st December, 1886. Tbe original summons and complaint described tbe defendant as tbe Georgia Pacific Railroad Company; but, a plea in abatement being filed, alleging a misnomer, tbe court allowed an amendment by substituting Railway for Railroadj to tbe allowance of which…
1Opinion of the CourtStone, C. J.
— It is contended that, under the act approved January 23, 1885 — Sess. Acts, 99; Code of 1886, §§ 2587-8-9 — the present action by a minor, for an injury done to himself, can not be maintained. In Pratt Coal & Iron Co. v. Brawley, at the present term, we decided this question against the views of the appellant. We held that the minor, or, in case of his death, his personal representative, can maintain the action; or, that the father, or, in certain events, the mother may sue; but we held that a suit by one was a bar to a suit by the other. See, also, “Act to define the liabilities of…
2Cases cited9 opinions
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
- Mobile & Montgomery Railway Co. v. YeatesSupreme Court of Alabama · 1880
- South & North Ala. Railroad v. HuffmanSupreme Court of Alabama · 1884
- Alabama Conference M. E. Church South v. PriceSupreme Court of Alabama · 1868
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3Cited by48 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Giannini v. CampodonicoCalifornia Supreme Court · 1917
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
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