Johnson v. Alabama Fuel & Iron Co.
Supreme Court of Alabama
Appeal from St. Glair Circuit Court. Heard before Hon. John W. Inzer. Action by Lula Johnson as administratrix against the Alabama Fuel & Iron Company for damages for injury to an employe. From a judgment for defendant the plaintiff appeals. Both the 1st and 2nd counts were good as against the demurrers' assigned. — Richards v. Burgess, 49 South. 294; City Del.
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Appeal from St. Glair Circuit Court. Heard before Hon. John W. Inzer. Action by Lula Johnson as administratrix against the Alabama Fuel & Iron Company for damages for injury to an employe. From a judgment for defendant the plaintiff appeals. Both the 1st and 2nd counts were good as against the demurrers' assigned. — Richards v. Burgess, 49 South. 294; City Del. Go. v. Henry, 139 Ala. 167; Lmnpldn v. L. & N., 106 Ala. 287; 26 Cyc. 1518. The court erred in giving the affirmative charge for the defendant, — 26 Cyc. 1525; Id. 1533; 73 N. Y. 543; 13 Ohio Oir. 318; 55 Ohio St. 398; 33 N. Y. Supp.…
1Opinion of the CourtSayre, J.
If it should be conceded that the demurrers to counts 1 and 2 were improperly sustained, it does not follow that the judgment must be reversed. Count 1 sought to charge defendant corporation,, for that one Adams, a servant in its employment, and while acting within the line and scope of his authority as such servant, did wantonly, willfully, or intentionally kill plaintiff’s intestate by shooting him to death. Count 2 charged that Adams recklessly and' wantonly shot plaintiff’s intestate to death. The case went to the jury upon other counts in every substantial respect the same, except that…
2Cases cited2 opinions
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. WhitmanSupreme Court of Alabama · 1885
3Cited by6 opinions
- Alabama Fuel & Iron Co. v. RiceSupreme Court of Alabama · 1914
- Alabama Fuel & Iron Co. v. PowaskiSupreme Court of Alabama · 1936
- Tollett v. Montgomery Real Estate Ins. Co.Supreme Court of Alabama · 1940
- Birmingham News Co. v. BrowneSupreme Court of Alabama · 1934
- Henderson-Mizell Mercantile Co. v. Chapman & Co.Alabama Court of Appeals · 1911
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