Louisville & Nashville R. R. v. Abernathy
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Action by Hobson Abernathy, by his next friend, against the Louisville & Nashville Railroad Company and others, for damages for personal injury. Judgment for plaintiff, and defendant named appeals.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Action by Hobson Abernathy, by his next friend, against the Louisville & Nashville Railroad Company and others, for damages for personal injury. Judgment for plaintiff, and defendant named appeals. Count C, after setting out that plaintiff was a minor under seven years of age, and that he was run over by a train in Chilton county, Ala., and suffered injuries which are set out, and which are declared to be permanent, avers that said injuries were proximately caused by the willful, wanton, or intentional conduct of Seymour…
1Opinion of the CourtThomas, J.
The amended complaint on which the trial was had was by appellee, Abernathy, against appellant, Louisville & Nashville Railroad Company, a body corporate, and its servant, Carleton. The cause was submitted to the jury upon simple negligence counts A and B and a willful or wanton count C. The defendant’s plea was the general issue.
The affirmative charge as to count C was not requested by either defendant; hence the question of evidence supporting the charge upon this count against the defendant company was not thus raised or decided. The theory of defendant’s demurrer to count C (the reporter…
2Cases cited90 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
85 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Aldrich v. Tyler Grocery Co.Supreme Court of Alabama · 1921
- Wright v. McCordSupreme Court of Alabama · 1920
- Howton v. MathiasSupreme Court of Alabama · 1916
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
39 more not listed; retrieve them via the Exa API.