Alabama City G. & A. Ry. Co. v. Heald
Supreme Court of Alabama
Appeal from E to wall Circuit Court. Heard before Hon. James E. Blackwood. Action by Robbie F. Heald and another as administratrices, against the Alabama City, Gadsden & Attalla Railway Company, for damages for causing the death of their intestate. Judgment for plaintiffs and defendant appeals.
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Appeal from E to wall Circuit Court. Heard before Hon. James E. Blackwood. Action by Robbie F. Heald and another as administratrices, against the Alabama City, Gadsden & Attalla Railway Company, for damages for causing the death of their intestate. Judgment for plaintiffs and defendant appeals. There is nothing in the body of the suit showing that it was brought by plaintiff in their representative capacity, and this should be shown somewhere very clearly, else the judgment therein would not support res judicata, and the affirmative charge requested by defendant should have been given. —…
1Opinion of the CourtSayre, J.
— In the caption of the declaration or complaint, plaintiffs describe themselves as “Robbie P. Heald and Ada Y. Heald, administratrices of Pat H. Heald, deceased.” In the body of the complaint, “plaintiffs,” without other statement of the capacity in which they sue, claim damages for the death of their “intestate,” alleged to have been caused by the negligence of defendant’s servants in the operation of a car upon defendant’s raihvay. There was no demurrer. After the evidence Avas closed, defendant requested charges which raised the point that plaintiffs conld not recover for the reason that…
2Cases cited16 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Beers v. . ShannonNew York Court of Appeals · 1878
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Ott v. FoxSupreme Court of Alabama · 1978
- Pollard v. RogersSupreme Court of Alabama · 1937
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Karpeles v. City Ice Delivery Co.Supreme Court of Alabama · 1916
- Kelly v. HanwickSupreme Court of Alabama · 1934
33 more not listed; retrieve them via the Exa API.