Smith v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. T. M. Arrington. The facts are sufficiently stated in the opinion. contended, inter alia, and argued at length, in reply to argument of counsel for the appellee, that the statute under consideration was constitutional, citing, arguendo, the following authorities: Code of 1852, §§ 1938-41; Acts 1871-2, p. 83 ; lb. p. 82; Dorman v. State, 34 Ala. 216; Cooley on Con. Lim. 390; Art. 14,'Sec. 12, Con. 1875; Paul'o.
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Appeal from City Court of Montgomery. Tried before Hon. T. M. Arrington. The facts are sufficiently stated in the opinion. contended, inter alia, and argued at length, in reply to argument of counsel for the appellee, that the statute under consideration was constitutional, citing, arguendo, the following authorities: Code of 1852, §§ 1938-41; Acts 1871-2, p. 83 ; lb. p. 82; Dorman v. State, 34 Ala. 216; Cooley on Con. Lim. 390; Art. 14,'Sec. 12, Con. 1875; Paul'o. Virginia,, 8 Wall. 168; Code, 1876, § 2643; Zeigler v. S. <& FT. R. R. Co., 58 Ala. 594; S. tli N. R. R. Co. v. Morris, 65 Ala.…
1Opinion of the CourtStone, J.
This is a suit by appellant, the father, against the appellee, corporation, under section 2899 of the Code of 1876, to recover damages for the alleged killing of the minor child of the former, through the wrongful act and omission of the defendant’s agent. The section oí the Code reads as follows :
“When the death of any minor child is caused by the wrongful act or omission of any officer or agent of an incorporated company, or private association of persons, the father of such child, or if the father be not living, the mother, may maintain an action against such corporation or private…
2Cases cited7 opinions
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Mayor of Mobile v. Stonewall InsuranceSupreme Court of Alabama · 1875
- Green v. StateSupreme Court of Alabama · 1882
- Gordon v. Winchester Building & Accumulating Fund Ass'nCourt of Appeals of Kentucky · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
- Davis v. Florida Power Co.Supreme Court of Florida · 1912
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Ballard v. Mississippi Cotton Oil Co.Mississippi Supreme Court · 1902
- Cofer v. EnsorSupreme Court of Alabama · 1985
25 more not listed; retrieve them via the Exa API.