Lewman & Co. v. Andrews
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. Tills was an action brought by the appellee, Leana Andrews, as administratrix -of the estate of John Richardson, deceased, to recover damages for the death of plaintiff’s intestate, which was alleged to have been-caused by the negligence of the defendants; the plaintiff claiming $10,000 damages. There were six counts in the complaint.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. Tills was an action brought by the appellee, Leana Andrews, as administratrix -of the estate of John Richardson, deceased, to recover damages for the death of plaintiff’s intestate, which was alleged to have been-caused by the negligence of the defendants; the plaintiff claiming $10,000 damages. There were six counts in the complaint. The averments of the respective counts, the pleas interposed and the facts of the case necessary to an understanding of the decision on the-present appeal are sufficiently stated…
1Opinion of the Court
HARALSON, J.'
1. There were six counts in the complaint all of which, except the third and sixth, allege that defendants dug a ditch “across a public road or highway, or road along which pedestrians were accustomed to pass,” into which the plaintiff’s intestate fell and was so injured that he died.
The third averred, that they “dug a ditch across a public road or highway, along which pedestrians were accustomed to pass;’’ and the sixth, that they “dug a ditch across a certain road which [was] in general use as a wagon and foot way.” Each count except the 2d contained substantially, in different…
2Cases cited10 opinions
- Steele v. SullivanSupreme Court of Alabama · 1881
- Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
- Johnson v. StateSupreme Court of Alabama · 1860
- Harper v. StateSupreme Court of Alabama · 1895
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dunn & Lallande Bros. v. GunnSupreme Court of Alabama · 1906
- Carter v. WalkerSupreme Court of Alabama · 1914
- Moragne v. City of GadsdenSupreme Court of Alabama · 1911
- Cross v. StateSupreme Court of Alabama · 1906
- Sam Raine Const. Co., Inc. v. Lakeview Estates, Inc.Supreme Court of Alabama · 1981
7 more not listed; retrieve them via the Exa API.