Legal Opinion

Powell v. West

Supreme Court of Alabama

Decided November 2, 1922No. 7 Div. 341PublishedCited by 3 opinions

1Opinion of the CourtSomerville, J.

The action is for an assault and battery. Count 1 is in the code form, and under it there could he a recovery of punitive damages, though not specially claimed. Mitchell v. Gambill, 140 Ala. 316, 37 South. 290; Wilkinson v. Searcy, 76 Ala. 176; Standard Oil Co. v. Davis, post, p. 565, 94 South. 754.

Count 2 contains additional allegations of the use of insulting language—,ii * * * greatiy humiliating, wounding, and bruising and maltreating the plaintiff, causing her much mental pain and anguish [and] to suffer from severe wounds and bruises.”

Under this count there could be a recovery of…

2Cases cited6 opinions

  1. Wilkinson v. SearcySupreme Court of Alabama · 1884
  2. Standard Oil Co. v. DavisSupreme Court of Alabama · 1922
  3. Mitchell v. GambillSupreme Court of Alabama · 1903
  4. Abney v. MizeSupreme Court of Alabama · 1908
  5. Birmingham Railway Light & Power Co. v. LeeSupreme Court of Alabama · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Brown v. PattersonSupreme Court of Alabama · 1926
  2. John R. Thompson & Co. v. VildibillSupreme Court of Alabama · 1924
  3. Mixon v. TraylorSupreme Court of Alabama · 1957

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