Trott v. Birmingham Ry. Light & Power Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Citas. A. Senn. An act by Martha M. Trott, as administratrix of the estate of Joseph Trott, deceased, seeking damages for the death of her intestate, caused by a pistol shot inflicted by a conductor on defendant’s railway line. The first count was Avithdrawn aftet it had been amended and after testimony was in.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. Citas. A. Senn. An act by Martha M. Trott, as administratrix of the estate of Joseph Trott, deceased, seeking damages for the death of her intestate, caused by a pistol shot inflicted by a conductor on defendant’s railway line. The first count was Avithdrawn aftet it had been amended and after testimony was in. The second count was in the fob lowing words: “Plaintiff claims of the defendant 'the furl her sum of $20,000 as damages, for that heretofore, fo-wit, on the 19th day of August, 1902, defendant was the common carrier of passengers…
1Opinion of the CourtTyson, J.
The complaint contains two counts. The first, after amendment, upon conclusion of the testimony, was withdrawn, leaving the second, upon which was a verdict and judgment for defendant. The caption of the complaint shews the action to be by Martha M. Trott, as administratrix of the estate of Joseph Trott, deceased, while the second count predicates the right of recovery upon a duty owing to her as a passenger and a breach of that duty; the allegation being that “defendant carried plaintiff as its passenger from said Birmingham to said Mary Pratt Station on said railway by means of said car,…
2Cases cited1 opinion
- Bryant v. Southern Railway Co.Supreme Court of Alabama · 1902
3Cited by7 opinions
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Matter of Estate of KimballWyoming Supreme Court · 1978
- Wyatt v. StateAlabama Court of Appeals · 1951
- Commissioners Court v. State ex rel. Southern Ry. Co.Supreme Court of Alabama · 1906
- Dunning v. Town of ThomasvilleAlabama Court of Appeals · 1917
2 more not listed; retrieve them via the Exa API.