Jones v. Russell
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by J. I. Bussell, as the father of Cy Bussell, deceased, against A. L. Jones and others. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by J. I. Bussell, as the father of Cy Bussell, deceased, against A. L. Jones and others. Judgment for plaintiff, and defendants appeal. The case was originally stated in four counts, but dúring the trial all the covjnts were eliminated, except count 1, which is as follows: “Plaintiff claims of defendants $50,000 damages for that heretofore on, to wit, April 26, 1919, while the plaintiff’s minor son, Cy Bus-sell, to wit, 15 years of age and a member of the plaintiff’s family, was sitting upon the curbing of the sidewalk…
1Opinion of the CourtAnderson, C. J.
[1] It is a familiar principle of law that where there has been a judgment against one of two joint tortfeasors, followed by an acceptance of satisfaction of such judgment by the plaintiff, the judgment and satisfaction may be successfully pleaded by the other joint tortfeasor to the further maintenance of the suit by the same plaintiff involving the same cause of action. This rule also obtains notwithstanding there was no ligament of a common purpose binding the acts of the two if their acts of negligence united in causing the single injury to the plaintiff.
“A rational rule deduced from the…
2Cases cited7 opinions
- Matthews v. Delaware, Lackawanna & Western RailroadSupreme Court of New Jersey · 1893
- McCoy v. L. & N. R. R.Supreme Court of Alabama · 1905
- Flandreau v. DowneyCalifornia Supreme Court · 1863
- Perkins v. MooreSupreme Court of Alabama · 1849
- Hightower v. OgletreeSupreme Court of Alabama · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gulf American Fire and Casualty Co. v. JohnsonSupreme Court of Alabama · 1968
- Laver v. KingstonAppellate Court of Illinois · 1981
- Shepherd v. Maritime Overseas Corp.Supreme Court of Alabama · 1993
- Bradberry v. Carrier Corp.Supreme Court of Alabama · 2011
- Hartsfield v. SEAFARERS INTERN. UNION, ETC.District Court, S.D. Alabama · 1977
4 more not listed; retrieve them via the Exa API.