Louisville & Nashville R. R. v. Perkins
Supreme Court of Alabama
Appeal from Butler Circuit Court. Heard before I-Ion. J. C. Richardson. This action was brought by the appellee, W. L. Perkins, as the administrator of the estate of Isaac R. Dykes, deceased, and sought to recover from the defendant damages for personal injuries causing the death of plaintiff’s intestate. The complaint contained several counts, but, as the opinion takes notice of the averments of the sixth count only, it is unnecessary to set out any other.
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Appeal from Butler Circuit Court. Heard before I-Ion. J. C. Richardson. This action was brought by the appellee, W. L. Perkins, as the administrator of the estate of Isaac R. Dykes, deceased, and sought to recover from the defendant damages for personal injuries causing the death of plaintiff’s intestate. The complaint contained several counts, but, as the opinion takes notice of the averments of the sixth count only, it is unnecessary to set out any other. The rsixth count of the complaint, as originally filed, was as follows : “The plaintiff claims of the defendant the further sum of fifty…
1Opinion of the CourtAnderson, J.
The 6th count charges the wrongful ejection of plaintiff’s intestate from a moving train while on an embankment and avers his consequent injury and death, and is a. good count for the wrongful ejection, which is the foundation of the. action. And, as the count does not charge the defendant with inflicting the injury, it was not necessary to aver a consciousness of the result of said wrongful ejection. The demurrer proceeds upon the theory that the count avers the wanton and willful infliction of the injury, and is inapt, as *330the count relies, on the wrongful ejection of plaintiff’s intestate.…
2Cases cited8 opinions
- Miller v. StateSupreme Court of Alabama · 1895
- Murphy v. StateSupreme Court of Alabama · 1895
- Ross v. RossSupreme Court of Alabama · 1852
- Lampkin v. Louisville & Nashville RailroadSupreme Court of Alabama · 1894
- Garrett's Adm'rs v. GarrettSupreme Court of Alabama · 1855
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3Cited by2 opinions
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1907
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1910