Armour & Co. v. Alabama Power Co.
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Action by Armour & Co. against the Alabama Power Company for damages to an automobile in a collision with a street car. Judgment for defendant, and plaintiff appealed.
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Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Action by Armour & Co. against the Alabama Power Company for damages to an automobile in a collision with a street car. Judgment for defendant, and plaintiff appealed. Count 2 of the complaint is as follows: The plaintiff claims of the defendant the sum ■of $200 as damages for that, whereas, on or about, to wit, the 7th day of July, 1916, the ■defendant, through its agent or agents, or servant or servants, was operating a street car by means of electricity upon a railway over and along one of the public streets in the city of…
1Opinion of the Court
Count 2 of the complaint was good against the grounds of demurrer. Counts claiming damages for wanton or willful acts, are sufficient when they allege that the injury was wantonly or willfully inflicted by running a train, car, or engine against plaintiff or his property, and it is not essential that they set out the evidence necessary to show that the given act was wanton or willful. Birmingham R., L. P. Co. v. Johnson,183 Ala. 355, 61 So. 79; Southern R. R. Co. v. Weatherlow,153 Ala. 171, 44 So. 1019; Martin's Case, 117 Ala. 367,23 So. 231; Burgess' Case, 114 Ala. 587, 22 So. 169; Southern…
2Cases cited16 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1896
- Birmingham Railway, Light & Power Co. v. WilliamsSupreme Court of Alabama · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gulf, M. O. R. Co. v. SimsSupreme Court of Alabama · 1953
- Mobile Light R. Co. v. GadikSupreme Court of Alabama · 1924
- Coca-Cola Bottling Co. v. BarksdaleAlabama Court of Appeals · 1920
- Alabama Power Co. v. Armour & Co.Supreme Court of Alabama · 1921
- Gulf, M. & N. R. Co. v. FowlerAlabama Court of Appeals · 1922
2 more not listed; retrieve them via the Exa API.