Louisville & Nashville Railroad v. Perkins
Supreme Court of Alabama
Action for Death of Passenger. Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Action by W. L. Perkins, as administrator of Isaac R. Dyke, against the Louisville & Nashville Railroad Company. Prom a judgment for plaintiff, defendant appeals. This was an action by W. L. Perkins, as administrator of Isaac R. Dyke, to recover damages for the death of his intestate.
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Action for Death of Passenger. Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Action by W. L. Perkins, as administrator of Isaac R. Dyke, against the Louisville & Nashville Railroad Company. Prom a judgment for plaintiff, defendant appeals. This was an action by W. L. Perkins, as administrator of Isaac R. Dyke, to recover damages for the death of his intestate. The first count predicated recovery 'upon simple negligence, and the other two counts were for wanton, willful, or intentional conduct which resulted in injury, producing death. Plea 7 is in the following…
1Opinion of the CourtMcCLELLAN, J.
On a former appeal this court passed upon several of the questions now presented for review. So to these no new consideration will be given. —L. & N. R. R. Co. v. Perkins, Adm’r, 144 Ala. 325, 39 . South. 305.
Besides counts seeking recovery of damages for, it is averred, wanton, willful, or intentional acts resulting in the death of appellee’s intestate, there is a count (the first) which, eliminating its formal features, is in the following language: “That on, to-wit, the 3d day of January, 1903, the defendant Avas engaged in operating a railroad as a common carrier in the state of Alabama,…
2Cases cited7 opinions
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. JohnstonSupreme Court of Alabama · 1885
- Breeding v. BreedingSupreme Court of Alabama · 1900
- Winter v. LondonSupreme Court of Alabama · 1892
- Hall v. HudsonSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jenkins v. North Carolina Department of Motor VehiclesSupreme Court of North Carolina · 1956
- Ex Parte StateSupreme Court of Alabama · 1923
- Ex Parte SchoelSupreme Court of Alabama · 1921
- Ex Parte AdamsSupreme Court of Alabama · 1927
- Louisville & Nashville Railroad v. AbernathySupreme Court of Alabama · 1915
22 more not listed; retrieve them via the Exa API.