Louisville & Nashville Railroad v. Anchors
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This action was brought by the appellee, Hannah Anchors, as administratrix of the estate of J. F. Anchors, deceased, against the Louisville & Nashville Railroad Company. The complaint contained ten counts.
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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This action was brought by the appellee, Hannah Anchors, as administratrix of the estate of J. F. Anchors, deceased, against the Louisville & Nashville Railroad Company. The complaint contained ten counts. The first count of the complaint was as follows : “The plaintiff claims of the defendant the sum of twenty-five thousand dollars, for that, heretofore, towit, on the 4th day of July, 1896, the defendant was a railroad companjr and a common carrier, operating a railroad which passed through the city of Anniston,…
1Opinion of the Court
COLEMAN, J. —
The defendant in error, as administratrix, sued to recover damages for an unlawful injury to J. F. Anchors, which resulted in his death. Each of the ten counts of the complaint were demurred to by the defendant, and there were several grounds of each of *499the demurrers. The demurrer to the second, sixth and tenth counts raise the question as to whether these counts charge that the injury was willfully inflicted, or resulted from such wanton negligence as to be the equivalent of a willful wrong. The court overruled the demurrer which challenged the sufficiency of these counts in…
2Cases cited11 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
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Hoover's Dairy, Inc. v. Mid-America Dairymen, Inc./Special Products, Inc.Supreme Court of Missouri · 1985
- Tighe v. DiamondOhio Supreme Court · 1948
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Adler v. MartinSupreme Court of Alabama · 1912
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