Motes v. Matthews
Supreme Court of Alabama
1Opinion of the Court
This is a father's suit for the wrongful death of his 12-year-old son, Gregory, which occurred on premises owned by defendants Billy J. Matthews and James E. Matthews, and which had been excavated by defendant Matthews Brothers Construction Company, Inc. The trial court granted the defendants' motion for summary judgment. The father appeals. We reverse and remand.
Our law provides that an occupier of land owes to trespassers only the duty not to willfully or wantonly injure them (Lovellv. Southern Ry. Co., 257 Ala. 561, 59 So.2d 807 (1952)), or put traps or pitfalls in their way (Gandy v.…
2Cases cited12 opinions
- Tolbert v. GulsbySupreme Court of Alabama · 1976
- Alabama Great Southern Railroad Co. v. GreenSupreme Court of Alabama · 1964
- City of Dothan v. GulledgeSupreme Court of Alabama · 1964
- Golson v. W. F. Covington Mfg. Co.Supreme Court of Alabama · 1920
- Gandy v. CopelandSupreme Court of Alabama · 1920
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3Cited by44 opinions
- Henderson by Hartsfield v. Alabama PowerSupreme Court of Alabama · 1993
- Franklin v. City of HuntsvilleSupreme Court of Alabama · 1995
- Montgomery v. City of MontgomeryCourt of Civil Appeals of Alabama · 1999
- City of Dothan v. Eighty-Four West, Inc.Court of Civil Appeals of Alabama · 1999
- Copeland v. Pike Liberal Arts SchoolSupreme Court of Alabama · 1989
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