Alabama Great Southern Railroad v. Burgess
Supreme Court of Alabama
Appeal from tlie Circuit Court of Etowah. Tried before the Hon. James A. Bilbr.0. This action was brought on October 13th, 1894, by the appellee, L. F. Burgess, as administrator of Ora Burgess, deceased, against the Alabama Great Southern Railroad Company. The complaint, as amended, contained five counts. The first count was withdrawn by plaintiff.
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Appeal from tlie Circuit Court of Etowah. Tried before the Hon. James A. Bilbr.0. This action was brought on October 13th, 1894, by the appellee, L. F. Burgess, as administrator of Ora Burgess, deceased, against the Alabama Great Southern Railroad Company. The complaint, as amended, contained five counts. The first count was withdrawn by plaintiff. The remaining counts were as follows : ■ 2. ‘ ‘ Plaintiff claims of defendant fifty thousand dollars, as damages, for that, defendant, on or about the — day of August, 1894, was engaged in the business of a common carrier of passengers, propelling…
1Opinion of the CourtColeman, J.
The complaint upon which the cause was finally submitted to' the jury contained four counts, numbered two, three, four and five. The second and fourth counts aver that the injury which caused the death of plaintiff’s intestate was willfully or wantonly inflicted. The third and fifth counts aver no more than simple negligence. W.e declared what constitutes willful injury, and its legal equivalent, wanton injury, in the cases of Ga. Pac. R. R. Co. v. Lee, 92 Ala. 262; K. C., M. & B. R. R. Co. v. Crocker, 95 Ala. 433; L. & N. R. R. Co. v. Markee, 103 Ala. 160; A. G. S. R. R. Co. v. Hall, 105…
2Cases cited15 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
10 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
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- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Coghill v. KennedySupreme Court of Alabama · 1898
- Black Belt Wood Co., Inc. v. SessionsSupreme Court of Alabama · 1987
- Kennedy v. DavisSupreme Court of Alabama · 1911
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