Garrett v. L. & N. R. R.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by Mattie Garrett against the Louisville & Nashville Railroad Company, for damages for death of a minor child by drowning. Judgment for plaintiff, and defendant appeals. The action is based upon the wrongful death of plaintiff’s minor son, for that defendant wrongfully employed him, without plaintiff’s consent, at a dangerous work, and that death resulted therefrom.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by Mattie Garrett against the Louisville & Nashville Railroad Company, for damages for death of a minor child by drowning. Judgment for plaintiff, and defendant appeals. The action is based upon the wrongful death of plaintiff’s minor son, for that defendant wrongfully employed him, without plaintiff’s consent, at a dangerous work, and that death resulted therefrom. The evidence shows without dispute that defendant employed deceased without plaintiff’s knowledge or consent, the father of deceased being dead, and put…
1Opinion of the CourtSomerville, J.
(1, 2) Although judicial decisions are not always harmonious in their application of the principles which determine whether any wrongful act is the proximate and judicial cause of a particular injury, the principles themselves are settled beyond further controversy and a simple statement thereof from the leading authorities will suffice for the purposes of the present case.. “The law, in its practical administration in cases of this kind, regards only proximate or immediate, and not remote, causes, and, in ascertaining which is proximate and which remote, refuses to indulge in metaphysical…
2Cases cited13 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Atchison, Topeka, & Santa Fe Railway Co. v. CalhounSupreme Court of the United States · 1909
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
- Godfrey v. VinsonSupreme Court of Alabama · 1926
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
- Montgomery Light Water Power Co. v. ThombsSupreme Court of Alabama · 1920
32 more not listed; retrieve them via the Exa API.