Birmingham Railway, Light & Power Co. v. Baker
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by J. A. Baker against the Birmingham Railway, Light & Power Company, for injuries to his minor child. Judgment for plaintiff and defendant appeals. The court erred in overruling defendant’s motion for a new trial, for the reason that no damages were claimed in the complaint for waiting on the child himself, and consequent loss of time. — Southern Ry.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by J. A. Baker against the Birmingham Railway, Light & Power Company, for injuries to his minor child. Judgment for plaintiff and defendant appeals. The court erred in overruling defendant’s motion for a new trial, for the reason that no damages were claimed in the complaint for waiting on the child himself, and consequent loss of time. — Southern Ry. Co. v. Crowder, 135 Ala. 417. The damages were excessive. — A. G. S. v. Burgess, 119 Ala. 555; Bir. R. & E. Co. v. Ward, 27 South. 471. The court should have given the…
1Opinion of the CourtDenson, J.
This is an action on the case, brought by the plaintiff, to recover damages consequent upon a. personal injury alleged to have been inflicted upon an infant daughter of plaintiff through the negligence of the defendant. The damages claimed are money expended by plaintiff for medicine, medical care, and treatment in efforts to heal and cure the infant, and loss of the services and society of the child. The infant was 4 months old at the time the injury was inflicted, and 19* months old at the time the trial was had.
It is unquestionably true that for loss of the services of a minor child, the…
2Cases cited14 opinions
- Pepper v. Southern Pacific Co.California Supreme Court · 1895
- Durden v. BarnettSupreme Court of Alabama · 1844
- Little Rock & Fort Smith Railway Co. v. BarkerSupreme Court of Arkansas · 1878
- Bube v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1903
- Rogers v. SmithIndiana Supreme Court · 1861
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hereford v. MeekWest Virginia Supreme Court · 1949
- Knowles v. BlueSupreme Court of Alabama · 1923
- Smith v. RichardsonSupreme Court of Alabama · 1965
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- Barker v. SaundersWest Virginia Supreme Court · 1935
7 more not listed; retrieve them via the Exa API.