Pratt Coal & Iron Co. v. Brawley
Supreme Court of Alabama
Appeal from the City Court of Birmingham. • Tried before the Hon. H. A. Shabpe. This action was brought by Neil Brawley, the father of Jennie Brawley, against the appellant, a private corporation operating a railroad between Birmingham and Pratt Mines in said county, to recover damages for personal injuries to his said child; and was commenced on the 13th January, 1887. The complaint contained two counts, each of which alleged that, on the 25th August, 1886, said Jennie…
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Appeal from the City Court of Birmingham. • Tried before the Hon. H. A. Shabpe. This action was brought by Neil Brawley, the father of Jennie Brawley, against the appellant, a private corporation operating a railroad between Birmingham and Pratt Mines in said county, to recover damages for personal injuries to his said child; and was commenced on the 13th January, 1887. The complaint contained two counts, each of which alleged that, on the 25th August, 1886, said Jennie Brawley, “who is an infant seven years of age, being on the track of the defendant’s railroad, at a public place in the town…
1Opinion of the CourtClopton, J.
— Both tlie infant and the father may, in the absence of a statute, maintain separate and concurrent actions for personal injuries wrongfully done to his minor child. The principle on which the right to recover depends, and the elements of recoverable damages, are materially different in the two cases. When the infant sues for his own benefit, the application of the doctrine of contributory negligence depends on the capability of the plaintiff to exercise judgment and discretion. If the plaintiff is of such tender years, that he is conclusively presumed incapable of judgment and discretion,…
2Cases cited3 opinions
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- The Steamboat Clipper v. LoganOhio Supreme Court · 1849
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
3Cited by38 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Camp v. HallSupreme Court of Florida · 1897
- Wymore v. Mahaska CountySupreme Court of Iowa · 1889
- N. & W. R. R. v. Groseclose's Adm'rSupreme Court of Virginia · 1891
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
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