Hines v. Champion
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Action by T. D. Champion against Walker D. Hines, as Director General of Railroads (Louisville & Nashville Railroad Company), for damages for injury to automobile. Judgment for defendant, which on the motion of the plaintiff was set aside, and defendant appeals. Suit by appellee to recover damages for injuries to his automobile, sustained at a public crossing in the town of Opp.
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Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Action by T. D. Champion against Walker D. Hines, as Director General of Railroads (Louisville & Nashville Railroad Company), for damages for injury to automobile. Judgment for defendant, which on the motion of the plaintiff was set aside, and defendant appeals. Suit by appellee to recover damages for injuries to his automobile, sustained at a public crossing in the town of Opp. Counts 1 and 2 were for simple negligence, while the third was a wanton count. The cause was submitted to the jury upon these counts and general issue…
1Opinion of the CourtGardner, J.
In discussing charge 5 (the giving of which, at the request of the defendant, formed the basis of the order for a new trial), counsel for appellant insist that the evidence offered by the plaintiff, if believed, made out a case of wantonness, and invokes the doctrine announced in Louisville & Nashville R. R. Co. v. Perkins, 152 Ala. 133, 44 South. 602, to the effect that ho recovery could be had upon simple negligence, where the testimony tends only to establish an intentional or wanton wrong, and that the charge is to be construed as if there was no proof of subsequent negligence. In that…
2Cases cited8 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Coleman v. PepperSupreme Court of Alabama · 1909
- Central of Georgia Ry. Co. v. HyattSupreme Court of Alabama · 1907
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gulf, M. O. R. Co. v. SimsSupreme Court of Alabama · 1953
- Mobile Light R. Co. v. GadikSupreme Court of Alabama · 1924
- Southern Ry. Co. v. MillerSupreme Court of Alabama · 1933
- Terry v. NelmsSupreme Court of Alabama · 1951
- McCaa v. ThomasSupreme Court of Alabama · 1922
8 more not listed; retrieve them via the Exa API.